Bheru Singh vs Jai Narayan Vyas University
2022 Latest Caselaw 7653 Raj

HIGH COURT OF JUDICATURE FOR RAJASTHAN JODHPUR

S.B. Civil Writ Petition No. 10389/2018

Bheru Singh S/o Shri Loomb Singh, Aged About 45 Years, Aged About 45 Years, Resident Of 1/b/265, Kudi Bhagtasni Housing Board, Jodhpur - Presently Working As Peon/ Class-Iv Employee In The Arts Faculty, Old Campus, Jai Narayan Vyas University, Jodhpur (Rajasthan)

----Petitioner Versus

1. Jai Narayan Vyas University, Jodhpur Through Its Registrar.

2. Registrar, Jai Narayan Vyas University, Jodhpur, Head Office, Residency Road, Jodhpur.

----Respondents

For Petitioner(s) : Mr. S.K.M Vyas For Respondent(s) : Mr. Himmat Singh for Mr. P.R. Singh

HON'BLE MS. JUSTICE REKHA BORANA

Order

23/05/2022

The matter comes upon an application for early hearing of

the writ petition, wherein it has been stated that the controversy

in the present writ petition rests decided by the Division Bench

judgment passed by this Court in D.B. Special Appeal Writ

No.347/2019; Jai Narain Vyas University & Anr. v. Mukesh

Sharma decided on 13.08.2021 which has further been upheld by

the Hon'ble Apex Court with certain modifications.

The Hon'ble Apex Court has in Civil Appeal Nos. 2096-

2198 of 2022; Jai Narain Vyas University, Jodhpur and Anr.

v. Mukesh Sharma (decided on 28.03.2022) held as under:-

(2 of 2) [CW-10389/2018]

"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.

All these appeal are partly allowed to the aforesaid extent. However, in the facts and circumstances of the case, there shall be no order as to costs."

Learned counsel for the respondents does not refute the

above submission.

In view of the submission made, the present writ petition is

also disposed of in terms of the judgment as passed by the

Hon'ble Apex Court in case of Mukesh Sharma (supra).

All the pending applications also stand disposed of.

(REKHA BORANA),J 134-Ashutosh/-

Powered by TCPDF (www.tcpdf.org)