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3. For convenience, the parties are described as described in W.P.No.15270 of 2001.

4. The core question relates to inter se seniority in the reclassified cadre of Lecturers serving under the Government of Pondicherry. Before adverting to the rival claims, it is necessary to notice certain admitted background facts for appreciating the core question.

Under the Government of Pondicherry, before issuance of G.O.Ms.No.219/78, Education Department, dated 26.12.1978, there were different academic posts in various colleges such as Professor, Assistant Professor, etc. The post of Professor could be appointed either by direct recruitment or by promotion from the post of Assistant Professor. The University Grants Commission (in short UGC) has prescribed revised scale for educationalists which was accepted by the Central Government. Subsequently, the UGC scale of pay along with other recommendations, accepted by the Central Government, were also accepted and implemented by the Government of Pondicherry by issuing G.O.Ms.No.219/78 dated 26.12.1978. The recommendation of the UGC for amalgamation of all posts of Assistant Professors and Professors and redesignating those posts as a common cadre of Lecturers was implemented by the said G.O. with effect from 1.4.1976 with monetary benefit to be given effect from 1.1.1977. Subsequently, however, the Government of India revised the cut-off date, which was adopted by the Pondicherry Government, by G.O.Ms.No.29 dated 1.9.1985, whereunder it was indicated that scale of pay would be effective with effective from 1.4.1974. On the basis of G.O.Ms.No.219/78 dated 26.12.1978 restructuring took place. Since the question of seniority is very much intertwined with interpretation of such G.O., it is appropriate at this stage to extract the relevant portion of G.O.Ms.No.219/78 dated 26.12.1978.

ORDER:-

The Government of India have sanctioned vide their letters cited, the scales of Pay recommended by the University Grants Commission to the teaching posts and other posts like Librarians, Physical Education Directors (both gazetted and Non-Gazetted) and Tutors and Demonstrators in colleges in this Union Territory which come under the purview of the Universities as detailed in the Schedule-I annexed hereto. The extension of the University Grants Commission Scales to those posts has been made by the Government of India with the stipulations that the posts of Professors and Assistant Professor should be redisignated as Lecturer and there should not be any more appointment as Tutors and Demonstrators in the Colleges. Consequently, the Lieutenant Governor has been pleased to redesignate as Lecturer the posts of Professor and Assistant Professor in the Arts Colleges and the post of Junior Professor in the Law College in the Union Territory of Pondicherry to whom those orders apply and also direct that there will not be any appointment of Tutors and Demonstrators in those colleges in future.

The Lt. Governor has also been pleased to make the following orders in connection with the implementation of the University Grants Commission Scales, namely:-

i) to v) omitted as not necessary

vi) As a result of the redesignation of the posts of Professor and Assist Professor as Lecturer with the identical scale of pay the existing incumbents of the posts will be dealt with as follows :

a) Such of the Professors who hold posts in a substantive capacity will continue to hold the redisgnated posts of Lecturer without prejudice to their inter-se seniority. Such of the Professors who were appointed on a regular basis prior to 1-4-1976 will also continue to hold the redesignated posts of Lecturer without prejudice to their inter-se seniority. Such of the Professors who hold the posts in a substantive capacity will en-bloc be senior to the officiating Professors who hold the posts on regular basis and both the said categories of Professors will en-bloc be senior to the Assistant Professors redesignated as Lecturers.

2. . . . Prior to the implementation of UGC recommendation the nomenclature of the posts in the colleges was Assistant Professor and Professor. The next promotional post of Assistant Professor was the post of Professor and from Professors, appointment will be the same to the post of Principal. 11.1 Similarly from the reply filed by the present Respondent Nos.1 and 2 before the Tribunal, it is apparent that before 1.1.1974 there was category of Professors with Group A classification in the scale of pay of Rs.700-1600 and Assistant Professors with Group C classification in the scale of pay of Rs.650-900. In other words, before such restructuring took place, the post of Professor was definitely in a superior category as compared to the post of Assistant Professor. It is also apparent from the reply filed before the Tribunal by Respondent Nos.1 and 2 that appointment to the present petitioners were on regular basis through UPSC. In the above background, the specific provision contained in para (vi)(a) of the G.O., to the effect that Such of the Professors who hold posts in a substantive capacity will continue to hold the redesignated posts of Lecturer without prejudice to their inter-se seniority and similarly the specific provision Such of the professors who hold the posts in a substantive capacity will en-bloc be senior to the officiating Professors who hold the posts on regular basis and both the said categories of Professors will en-block be senior to the Assistant Professors redesignated as Lecturers, have to be given effect. It is not in dispute that since the applicant continued in the post of Assistant Professor till restructuring of the G.O., and the present petitioners were holding the post on substantive capacity, they have to be treated as en-bloc senior to the Assistant Professors after redesignating all of them as Lecturers as per the UGC Scheme.