JAI NARAIN VYAS UNIVERSITY, JODHPUR AND ANR. versus MUKESH SHARMA ETC. ETC.

Citation: [2022] 1 S.C.R. 842 · Decided: 28-03-2022 · Supreme Court of India · Bench: M.R. SHAH · Disposal: Case Partly allowed
Open in Lexace · Ask the AI about this case
Judgment (excerpt)

A
B
C
D
E
F
G
H
842
SUPREME COURT REPORTS
[2022] 1 S.C.R.
[2022] 1 S.C.R. 842
842
JAI NARAIN VYAS UNIVERSITY, JODHPUR AND ANR.
v.
MUKESH SHARMA ETC. ETC.
(Civil Appeal Nos. 2096-2198 of 2022)
MARCH 28, 2022
[M. R. SHAH AND B.V. NAGARATHNA, JJ.]
Service Law – Regularization – Consequential benefits –
Respondents-writ petitioners, were working on different posts in
appellant-University for 15 to 30 years, on contractual / daily wage
basis – They prayed for regularizing their services on ground of
parity with similarly situated employees who were confirmed and
were also granted regular pay scale – Writ petitions – High Court
directed the University to regularize the services of respondents
with all consequential benefits – Held: No reason to interfere with
the judgment passed by High Court granting regularization –
However, on facts, to meet the ends of justice, the actual
consequential benefits accruing from the regularization restricted
to three years prior to filing of the writ petitions.
Partly allowing the appeals, the Court
HELD: 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. [Para 4][845-E-G]
A
B
C
D
E
F
G
H
843
CIVIL APPELLATE JURISDICTION: Civil Appeal Nos. 2096-
2198 of 2022.
From the Judgment and Order dated 13.08.2021 and 17.08.2021
of the High Court of Judicature for Rajasthan at Jodhpur in DB Civil
Special Appeal Writ No. 347 of 2019, D.B.Spl. Appl. Writ Nos. 1759,
1791, 1853, 1857, 1864, 1865, 1870, 1871, 1874, 1891, 1898 and 1911 of
2018, and D.B. Spl. Appl. Writ Nos. 127, 133, 135, 138, 163, 169, 170,
171, 221, 222, 241, 243, 244, 245, 247, 251, 278, 304, 305, 306, 307, 310,
320, 321, 322, 323, 324, 325, 328, 330, 331, 332, 333, 342, 344, 350, 354,
356, 360, 361, 362, 363, 375, 382, 387, 395, 404, 411, 419, 442, 443, 449,
452, 454, 455, 496, 497, 498, 499, 500, 523, 549, 552, 553, 564, 567, 572,
577, 605, 761, 762, 763, 764, 765, 766, 767, 854, 856, 888, 889, 890, 891,
892, 934, 941, 955, 956, 957 of 2019 and D.B. Spl. Appl. Writ No. 333 of
2020 and D.B. Spl. Appl. Writ No. 326 of 2019.
Dr Manish Singhvi, Sr Adv., Arpit Parkash, Prashant Kumar, Advs.
for the Appellants.
Dr. Vineet Kothari, Dr. Nikhil Dungawat, Nihar Jain, Rajesh
Kumar, Ms. Chitrangda Rastravara, Manvendra Singh, Dashrath Singh,
Gp. Capt. Karan Singh Bhati, Advs. for the Respondents.
The Judgment of the Court was delivered by
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 benefits, the employer
University has preferred the present appeals.
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
JAI NARAIN VYAS UNIVERSITY, JODHPUR AND ANR. v. MUKESH
SHARMA ETC. ETC.
A
B
C
D
E
F
G
H
844
SUPREME COURT REPORTS
[2022] 1 S.C.R.
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
Excerpt shown. Read the full judgment & AI analysis in Lexace.