Rajasthan High Court - Jodhpur
Khama Ram Vishnoi vs Ayub Khan on 27 August, 2021
Bench: Dinesh Mehta
(1 of 3) [WCP-406/2019]
HIGH COURT OF JUDICATURE FOR RAJASTHAN
JODHPUR
S.B. Writ Contempt No. 406/2019
Khama Ram Vishnoi
----Petitioner
Versus
Ayub Khan
----Respondent
Connected With
S.B. Writ Contempt No. 393/2019
Prem Chand Mehta
----Petitioner
Versus
Ayub Khan
----Respondent
S.B. Writ Contempt No. 468/2019
Narendra Surana
----Petitioner
Versus
Shri Ayub Khan
----Respondent
For Petitioner(s) : Mr. Manoj Bhandari
For Respondent(s) : Mr. Mukesh Rajpurohit
Ms. Chachal Verma, respondent-
contemnor present in person.
JUSTICE DINESH MEHTA
Order
27/08/2021
1. It is a matter of great concern that inspite of making serious
observations by the Court on more than one occasions, the
respondents have hardly done anything to comply with the
order of this Court passed way back on 8.10.2018, knowing
it fully well that the same has been affirmed by the Division
Bench (vide its judgment dated 7.8.2019) so also by Hon'ble
the Supreme Court (order dated 18.8.2020).
(2 of 3) [WCP-406/2019]
2. Mr. Mukesh Rajpurohit, learned counsel appearing for the
respondent-University in presence of the respondent submits
that as per the MOU dated 19.5.2006 executed between the
respondent-University and the State Government, the
respondent-University cannot at its own regularize the
services of the petitioners inasmuch as regularization
requires sanction of new post, which is still awaiting approval
of the State Government.
3. While informing that a meeting is scheduled on 31.8.2021
under the Chairmanship of Secretary Higher Education for
the above purpose, learned counsel for the contemnors
prays that three weeks' time be granted for doing the
needful.
4. It is not in dispute that the syndicate had already
recommended in favour of the petitioners on 5.7.2005, in
light whereof, this Court has already ordered regularization;
hence in the opinion of this Court, the MOU executed
between the respondent-University and the State on
19.5.2006 cannot be an impediment in passing appropriate
order of regularization and due payment to the petitioners.
5. About three years have passed since this Court had ordered
for regularization, yet the compliance has not been made.
6. Be that as it may. Having regard to the assurance given by
the respondent-contemnor that endevour shall be made to
comply with the order in its letter and spirit before the next
date of hearing, the matter is adjourned to 17.9.2021.
7. A copy of this order be sent to the Secretary, Higher
Education of the State of Rajasthan forthwith for necessary
action.
(3 of 3) [WCP-406/2019]
8. If the needful is not done by the next date, it will be required
of the Secretary, Higher Education to file his own affidavit
indicating the reasons for which, due compliance of the order
under consideration could not be made.
9. List this case on 17.9.2021.
(DINESH MEHTA),J
35-CPGoyal/-
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