Maharshi Dayanand Saraswati ... vs Ganpati Lal Gupta S/O Shri Girraj ...
2021 Latest Caselaw 7770 Raj/2

       HIGH COURT OF JUDICATURE FOR RAJASTHAN
                   BENCH AT JAIPUR

              D.B. Special Appeal Writ No. 931/2021

Maharshi Dayanand Saraswati University, Ajmer Through Its
Registrar.
                                                                  ----Appellant
                                   Versus
Ganpati Lal Gupta S/o Shri Girraj Prasad, 14, Bank, Colony,
Kayad Road, Ghoghra, Jaipur Road, Ajmer, Raj.
                                                                ----Respondent

D.B. Special Appeal Writ No. 939/2021

Maharshi Dayanand Saraswati University, Ajmer Through Its Registrar.

----Appellant Versus Raj Kumar Jain S/o Late Shri Bhanwar Lal Jain, R/o 3, J.p. Nagar, Sector-3, Near Power House, Naka Madar, Ajmer.

                                                                ----Respondent


For Appellant(s)         :     Mr. Prakhar Gupta on behalf of
                               Dr. V.B. Sharma, AAG
For Respondent(s)        :     Dr. Saugath Roy

HON'BLE THE CHIEF JUSTICE MR. AKIL KURESHI HON'BLE MR. JUSTICE UMA SHANKER VYAS

Judgment

17/12/2021

D.B. Civil Misc. Application No.305/2021, 310/2021

Considering the Covid situation, the appeals are in time.

Applications for condonation of delay stand disposed of.

D.B. Special Appeal Writ No. 931/2021, 939/2021:-

These appeals arises out of the judgment of learned Single

Judge dated 25.03.2021. The respondent-original petitioners had

(2 of 3) [SAW-931/2021]

approached the learned Single Judge seeking regularization of the

service on the post of LDC in the appellant-university. The learned

Single Judge referred to and relied upon earlier decisions of this

Court in case of Lalit Kumar Sharma Vs. Maharshi Dayanand

Saraswati University, SBCWP No.1723/2004 decided on

01.10.2015 and Shri Jitendra Goswami Vs. Maharshi

Dayanand Saraswati University and Ors. decided on

25.09.2013 and directed the University to treat the petitioners as

regularized. It was noticed that the decision in the case of Lalit

Kumar Sharma (supra) was carried in appeal before the

Supreme Court and the SLP was dismissed.

Having heard learned counsel for the parties, we notice that

the petitioners were engaged by the University in the year 1993.

The services of the petitioners were terminated in the year 1995

which they challenged before the labour court. The labour court

passed an award on 20.08.2002 and directed reinstatement with

continuity and also directed grant of regular pay-scales to the

petitioners. This award of the labour court was thus challenged by

the University before the High Court. A Division Bench vide order

dated 07.07.2017 modified the award of the Labour Court and

deleted the directions for grant of regular pay-scales. Thereafter,

the workmen again approached the High Court by filing writ

petitions in the year 2016 and sought benefit of regularization.

These petitions were allowed by the impugned judgment.

Since under the similar circumstances, this Court has already

taken a view particularly in the case of Lalit Kumar Sharma

(supra) and Shri Jitendra Goswami (supra), we see no scope

for interference. The Division Bench of this Court on 23.02.2017

while dismissing the appeal of the university noted that in case of

(3 of 3) [SAW-931/2021]

co-employees Jitendra Kumar Goswami and Ravi Kumar Joshi

have in the meantime implemented the directions issued by the

High Court and granted regularization.

In that view of the matter, the appeals are dismissed.

(UMA SHANKER VYAS),J (AKIL KURESHI),CJ

ANIL GOYAL/B.M.GANDHI/7 & 8

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