Rajasthan High Court - Jodhpur
Gandharv Sen Mahrishi vs Maharana Pratap University And ... on 25 November, 2021
Bench: Vijay Bishnoi
HIGH COURT OF JUDICATURE FOR RAJASTHAN AT
JODHPUR
S.B. Civil Writ Petition No. 7207/2009
Gandharv Sen Mahrishi S/o Narayan S. Mahrishi, aged 45 Years,
R/o H.No.15/1186, Nirmala House, Maharshi Colony, Ganesh
Nagar, Pahada, Udaipur.
----Petitioner
Versus
1. Maharana Pratap University of Agriculture & Technology,
Udaipur through its Registrar, Udaipur.
2. Director Extension Education through its Director,
Maharana Pratap University of Agriculture & Technology,
Udaipur.
3. State of Rajasthan through Secretary, Finance Department,
Govt. of Rajasthan, Jaipur.
----Respondent
For Petitioner(s) : Mr. Mukesh Vyas
For Respondent(s) : Mr. G.R. Punia, Sr. Advocate assisted
by Mr. Mahaveer Bhanwariya
HON'BLE MR. JUSTICE VIJAY BISHNOI
Order
25/11/2021
The matter comes up for consideration of application (I.A.
No.01/2019) preferred on behalf of the petitioner for taking
additional documents on record and to decide this writ petition in
terms of the judgment dated 21.12.2012 passed by this Court in
SB Civil Writ Petition No.7435/2009 Smt. Shanta Nagar Vs.
Maharana Pratap University of Agriculture & Technology,
Udaipur & Ors.
Learned counsel for the petitioner has submitted that the
controversy involved in this writ petition is squarely covered by
the judgment of this Court dated 21.12.2012 passed in SB Civil
(2 of 3) [CW-7207/2009]
Writ Petition No.7435/2009, Smt. Shanta Nagar Vs. Maharana
Pratap University of Agriculture & Technology, Udaipur & Ors.
Mr. G.R. Punia, learned Senior Advocate assisted by Mr.
Mahaveer Bhanwariya submitted that though the controversy
involved in this writ petition is covered by the decision of this
Court rendered in Smt. Shanta Nagar (supra) but in view of the
latest judgment of the Hon'ble Apex Court rendered in State of
Rajasthan & Anr. Vs. Sunrendra Mohnot and Ors. (Civil
Appeal No.5860-61/2014), reported in (2014) 14 SCC 77.,
the petitioner is not entitled for the relief sought for in this writ
petition.
Having heard learned counsel for the parties and taking into
consideration the material available on record, I am of the view
that the petitioner is entitled to get similar reliefs as given in the
case of Smt. Shanta Nagar (supra) by this Court vide judgment
dated 21.12.2012, because it is not in dispute that the petitioner
was initially appointed as Junior Artist vide order dated
25/26.06.1985 and subsequently the Board of Management vide
resolution dated 22.01.1998 decided to regularize the services of
many of the temporary employees from the date of their initial
appointment. The facts of the present case are identical to the
case of Smt. Shanta Nagar (supra).
In such circumstances, I am of the candid opinion that the
issued involved in the present writ petition is squarely covered by
the decision rendered in Smt. Shanta Nagar's case.
Accordingly, the instant writ petition is allowed and the
respondents are directed to regularize the services of the
petitioner on the post of Junior Artist from the date of his initial
appointment i.e. 25/26.06.1985. The petitioner would be entitled
(3 of 3) [CW-7207/2009]
for all consequential benefits including grant of annual grade
increment, admissible allowances, fixation in the revised pay
scale, seniority etc. The fixation in revised pay scale by awarding
annual grade increment is required to be made on the notional
basis up to March, 2001 and subsequent thereto the petitioner
shall be entitled for all actual benefits. If any arrears
consequential to the fixation of revised pay scale is admissible to
the petitioner then the same is required to be paid to him within a
period of six months from today.
All pending applications are disposed off.
(VIJAY BISHNOI),J
18-akash/-
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