(Per : HONOURABLE MR.JUSTICE D.H.WAGHELA)
1. The appellant has invoked Clause 15 of the Letters Patent to call into question decision dated 16.3.2012 of learned Single Judge of this Court in Special Civil Application No.6087 of 2002, whereby the order regarding fixing of seniority of the appellant from 21.9.1983 has been made. Learned counsel, Mr.Yagnik, appearing for the appellant submitted that although several averments were made with regard to case of the appellant in the original petition, specific prayer for re-fixing seniority of the appellant was not made. It was, however, fairly conceded that the appellant was duly heard on all aspects of the matter by learned Single Judge and judgments relied upon by the appellant have been duly considered in the impugned judgment. Learned counsel reiterated his argument on the basis of judgment of the Apex Court in U.P. State Electricity Board v. P.L.Kelkar [AIR 1987 SC 1701], to submit that the grant of advance increments at the time of recruitment could itself be the basis for fixing seniority at the higher place. However, as discussed in the impugned judgment, ratio of the judgment in UPSE Board (supra) had to be read with the background of specific and express statutory provisions which provided for benefit of past services for seniority. In the facts of the present case, the service of the appellant under the respondent University could not be connected or continuous with his prior service in the separate establishment of Polyvalent Center. Learned counsel also relied upon an application made by the appellant, on which favourable noting was made by the office of the Vice Chancellor but, admittedly, no order appeared to have been made by the Vice Chancellor. Even if an order accepting the recommendation were made by the Vice Chancellor of the University, it could not be sole legal basis for granting higher seniority to the appellant.
2. Therefore, no ground having been made out to interfere with the impugned decision, the appeal is summarily dismissed along with Civil Application with no order as to costs.
(D.H.Waghela, J.) (G.B.Shah, J.) *malek Top