DR. H.P. HAJELA versus N. S. VERMA & ORS.

Citation: [1986] 2 S.C.R. 967 · Decided: 02-05-1986 · Supreme Court of India · Bench: A.P. SEN · Disposal: Appeal(s) allowed

Judgment (excerpt)

967 
lit. H. p • llAJEIA 
v. 
N. S. VERMA & CltS. 
'l<\.Y 2, 19% 
[<\.,P, S8r; <\I'll) S. '.i.\Tl\RAJ<\.N, JJ.] 
University-Seniority of teacher8 - Kanrur University old 
'1statutes/First Statutes, 11.34/18.10 and 18.16 - Affiliated 
colleges -
Whether deputation service effects a break of 
service resulting in loss of seniority. 
\ 
The appellant was granted extra-ordinary leave on the 
Yrequest of the Government of India for being sent on a 
)-teaching assignment to the University of Aden (South Yeman) on 
the express condition that his lien on the post of Head of the 
Department of Zoology in a college affiliated to the Kanpur 
University will be maintained and his seniority will be 
protected. After having fulfilled the aforesaid teaching 
assignment and on return to India, he sought to resume his 
post in the college. The first respondent who was acting as 
the Head of the Department of Zoology in the college ref used 
to handover charge on the ground that he had attained 
-"seniority over the appellant. The Principal also rejected the 
appellant's claim to seniority. Thereafter, the appellant 
challenged 
the 
order 
of 
the 
Principal 
before 
the 
Vice-chancellor of Kanpur University on the ground that he had 
not suffered a break in service and his seniority over the 
-\' first respondent remained intact all through his period of 
service 
on 
deputation. 
The 
Vice-chancellor 
upheld 
the 
appellant's claim and held that he was entitled to his 
~-frightful place of seniority. The Chancellor, in appeal by the 
first respondent, affirmed the order of the Vice-chancellor. 
A 
B 
c 
D 
E 
F 
The first respondent filed a writ petition in the High 
Court. A learned single Judge of the High Court held that in 
G 
terms of either the old Statutes or the First Statutes of the 
Kanpur University, the appellant is not entitled to reckon the 
~ period of service at the University of Aden for computing 
l length of service in the 
DAV College and as S'Jch the 
recognition of the seniority of the appellant over the first 
H 
A 
B 
c 
D 
E 
F 
G 
H 
968 
SUPREME COURT REPORTS 
[I 9861 2 s.c.R. 
respondent by the Vice-chancellor and the Chancellor in their 
respective orders cannot be sustained. 
\.-
Allowing the appeal, 
HELD: I.The High Court has not properly comprehended the 
Statutes. Because of the failure of the High Court to have 
applied the appropriate provision in the Statutes, the period 
of service of the appellant on deputation has been wrongly 
held to be non-includible in the total length of service of ~ 
the appellant. The Principal, as the Head of the Institution, 
was undoubtedly competent to grant leave on loss to pay to the 
appellant in order to enable him to take up a foreign assign-
ment on deputation basis. The period of leave granted to the 
, 
appellant was utilised in holding another position involving ~ 
similar work and therefore, the appellant is automatically 
entitled to the benefit of sub-clause ( 4) of old Statute 'i 
11.34. [976 D; 978 G] 
2.(i) Sub-clause (!) of statute 11.34 of the Old 
Statutes deals with the reckoning of seniority on the basis of 
the length of service in one and the same college and in the 
same cadre and grade; sub-clause (2) provides for the addilion 
of service in another University or associated/affiliated 
college etc. provided the University is situate 
in Uttar 
"'-
Pradesh and the college is affiliated to or associated with 
one of the Universities in the State; sub-clause (3) excludes 
service in an officiating capacity and grants recognition of 
temporary service only if it has continuity with a subsequent 
permanent appointment; and lastly sub-clause ( 4) prescribes 1-
~ 
for tacking on of leave period with the total length of 
service provided ; (!) the period of leave has been spent in 
holding another position involving similar work or (2) it was 
+--. . 
medical leave. C176 D-F] 
2. (ii) The case of the appellant would not fall under 
sc1b-cb "'~ (2) ooc>1,he hts setvlce in the University of Aden 
.. nt f\~t c<J<1'1:l':''''·e "1ch ldfld< of services as are envisaged in 
the sub-clause. However, 
sub-clause ( 4) would undoubtedly 
cover the case of the appellant because he had been granted 
leave of absence on loss of pay for a period of three years 
for rendering service in the Unlversity of Aden on deputatlon 
basis. The word "unless d•irlng such leilve anoth<!c posltlofl 
H.P. HAJEIA v. N.S. VERMA 
969 
_..involving similar work was held" would squar

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