Jai Narain Vyas University vs Mukesh Sharma

CIVIL APPEAL NOS. 2096-2198 OF 2022

Jai Narain Vyas University, Jodhpur and Anr. …Appellant(s)

Versus

Mukesh Sharma Etc. Etc. …Respondent(s)

JUDGMENT

M.R. SHAH, J.

1. Feeling aggrieved and dissatisfied with the impugned judgment

and order passed by the High Court of Judicature for Rajasthan at

Jodhpur in D.B. Spl. Appl. Writ No. 347 of 2019 and other allied writ

appeals by which the Division Bench of the High Court has dismissed

the said appeals and has confirmed the judgment and order passed by

the learned Single Judge passed in respective writ petitions by which the

learned Single Judge allowed the said writ petitions and directed the

appellant University to regularize their services with all consequential Signature Not Verified Digitally signed by R Natarajan Date: 2022.03.28 16:51:32 IST

benefits, the employer University has preferred the present appeals. Reason:

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2. The respective original writ petitioners were appointed on different

posts namely viz. Chowkidar/Peon, Book Attendant, LDC, Library

Assistant, Junior Accountant, Accountant, Helper, Staff Nurse, Sweeper,

Rakshak, Lab Bearer, Lab Attendant, Book Lifter, Security Guard,

Matron, Driver/Peon, LDC cum Computer Operator of the appellant- Jai

Narayan Vyas University, Jodhpur (hereinafter referred to as the “J.N.V.

University') on different dates through the placement agency. Since all

of them had already put in almost 15-30 years of service, they requested

for regularizing their services in the University but their services were not

regularized.

2.1 In the year 1999, the meetings of the Sub-Committee constituted

by the Vice Chancellor of the University were held on 22.03.1999 and

26.03.1999 for considering regularization of the services of six persons

who were rendering their services in a similar fashion like the

respondents herein - petitioners in the University on contractual/daily

wage basis. The said Sub-Committee recommended for regularization of

their services. The said recommendation was confirmed in a Meeting of

the Syndicate dated 28.03.1999. Once again, the respondents-

petitioners prayed for regularizing their services on the ground of parity

in view of the decision taken by the Syndicate of the University on

28.03.1999 whereby six similarly situated employees were confirmed

2 and were also granted regular pay scale. However, the same was not

agreed to by the University.

2.2 It is to be noted that the University Administration vide its

Notification dated 27.10.2017 sought information in a prescribed

proforma from different departments regarding persons rendering the

services on contract basis, probably with a view to regularize their

services. However, their services were not regularized and therefore

separate writ appeals were filed before the High Court and the same

were allowed by different Benches of the High Court directing the

University to regularize the services of the respondents herein – original

writ petitioners with all consequential benefits.

2.3 The judgments and orders passed by different Benches were the

subject matter before the Division Bench. By the impugned common

judgment and order, the Division Bench of the High Court has dismissed

the said appeals. While dismissing the appeals, the Division Bench has

also noted that the writ petitions preferred by some of the employees

were allowed by the learned Single Judge Benches and the appeals

preferred by the Universities were also dismissed by the Division bench

and in some of the cases, even the special leave petitions filed by the

University before this Court were also dismissed.

3 2.4 Feeling aggrieved and dissatisfied with the impugned common

judgment and order passed by the High Court, the University has

preferred the present appeals.

3. By order dated 07.02.2022, this Court issued a limited notice to

restrict the benefits accruing from the regularization to three years prior

to filing of the writ appeals. The order dated 07.02.2022 reads as

under:-

“We have heard Dr. Manish Singhvi, learned Senior Advocate, appearing for the petitioner-University at length.

By the impugned judgment and order, the High Court has directed to regularize the services of the respondents with all consequential benefits. In the facts and circumstances of the case, we see no reason to interfere with the impugned judgment and order passed by the High Court granting regularization, more particularly, the concerned employees have been continued in service, may be on contractual basis, for more than 15-30 years of service. The question of law, if any, is kept open.

Now, so far as the giving consequential benefits on regularization, we issue limited notice to the respondents, returnable on 14.03.2022 and to show cause why the benefit accruing from the regularization may not be restricted to the three years prior to filing of the writ petitions.

Dasti, in addition, is permitted.”

4. We have heard Dr. Manish Singhvi, learned Senior Advocate

appearing on behalf of the appellant University and Dr. Vineet Kothari

4 and Ms. Chitrangda Rastravara, learned counsel appearing on behalf of

the respective respondents – original writ petitioners. These writ petitions

were filed in the year 2018/2019. In order to see that there is no heavy

financial burden upon the University and at the same time to strike a

balance and considering the fact that the respective original writ

petitioners have worked for more than 15 to 30 years, if it is ordered that

the actual consequential benefits on regularization of their services are

restricted to three years prior to filing of the writ petitions, while they are

granted the benefit of regularization notionally and with continuity of the

service from the date on which the other similarly situated employees

were regularized, it will meet the ends of justice.

5. In view of the above and for the reasons stated above, the

impugned common judgment and order passed by the Division Bench of

the High Court and those of the learned Single Judge are hereby

modified and it is ordered that the original writ petitioners shall be

entitled to the actual consequential benefits on regularization for the

period prior to three years of filing of the writ petitions only. However,

they shall be entitled to continuity in service and benefits notionally on

regularization, from the date on which the similarly situated employees

were regularized.

5 All these appeals are partly allowed to the aforesaid extent.

However, in the facts and circumstances of the case, there shall be no

order as to costs.

………………………………….J. [M.R. SHAH]

NEW DELHI; ………………………………….J. MARCH 28, 2022. [B.V. NAGARATHNA]

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