Govt college of education: CAT directs to modify seniority list of lecturers

Ramkrishan Upadhyay

Chandigarh, June 9

Chandigarh Bench of the Central Administrative Tribunal (CAT) has directed the Administration to modify the seniority list of lecturers of the Government College of Education released on March 18, 2021, and place Dr Sapna Nanda , at present holding additional charge of Principal, Government College of Yoga Education and Health, Sector 23, Chandigarh, over and above Dr Ajay Kumar Srivastava who looks after charge of the post of Principal, Government College of Education, Sector 20, Chandigarh.

Dr Nanda has challenged the seniority list wherein she has been placed at serial number 10, below Dr Srivastava.

In the application before CAT, Dr Nanda said tthe post of Principal, Government College of Education, Sector 20, became vacant on January 30, 2020, and the additional charge of the said post was given to Renu Verma, who superannuated on September, 30, 2020. She said she was fully eligible to be appointed against the vacant post of Principal on a regular basis.

She said Dr Srivasatva was also an aspirant for the said post which was to be filled by way of promotion. She also prayed for the issuance of directions to the Administration to initiate and notify the process of the Departmental Promotion Committee for promotion/appointment to the post of Principal, Government College of Education, Sector 20, Chandigarh. The Department of Higher Education opposed the application and justified the seniority list.

Counsel for the applicant Shekhar Verma argued that Dr Nanda joined on May 24,2002, and Dr Srivastava joined on August 8, 2002, therefore, while taking into consideration the length of service, the applicant who is governed by Punjab Educational Service (College Cadre) (Class II) Rules, 1976, and the Punjab Civil Services (General and Common Conditions of Service) Rules, 1994, deserves to be placed over and above Srivastav in the seniority list.

After hearing of the arguments CAT bench comprising of Suresh Kumar Monga member (J) and Rakesh Kumar Gupta member (A) quashed the seniority list of the lecturers of the Government College of Education released on March 18, 2021, to the extent of placing Dr Srivastava over and above Dr Sapna Nanda. “Such an act of the Chandigarh Administration is highly irrational and being contrary to the provisions of Articles 14 and 16 of the Indian Constitution;” says the Bench in the order.