Citation : 2023 Latest Caselaw 1322 Raj
Judgement Date : 3 February, 2023
[2023/RJJD/003790]
HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR S.B. Civil Writ Petition No. 9414/2020
Roopa S/o Uda, Aged About 54 Years, Rebariyo Ka Guda, Dhikali Road, Udaipur.
----Petitioner Versus
1. Maharana Pratap University of Agriculture and Technology, Udaipur through its Registrar, Udaipur.
2. Comptroller, Maharana Pratap University of Agriculture and Technology, Udaipur.
3. Dean, College of Technology and Engineering, Maharana Pratap University of Agriculture and Technology, Udaipur.
----Respondents
For Petitioner(s) : Mr. Pradeep Singh Khichi For Respondent(s) : Mr. M.S. Rathore
HON'BLE MS. JUSTICE REKHA BORANA
Order
03/02/2023
Learned counsel for the petitioner submits that the
controversy in question rests decided by the judgment of this
Court passed in the case of Mahendra Singh Chundawat vs.
Maharana Pratap University of Agriculture and Technology
& Ors.; S.B. Civil Writ Petition No.7743/2009 (decided on
05.12.2022). He further submits that even in the case of Harish
Prajapat vs. Maharana Pratap University of Agriculture and
Technology & Ors.; S.B. Civil Writ Petition No.4549/2019
(decided on 18.09.2019) who was a similarly situated candidate,
the petition has been allowed in his favour.
Learned counsel for the respondents is not in a position to
refute the above said submissions.
[2023/RJJD/003790] (2 of 2) [CW-9414/2020]
In Mahendra Singh Chundawat's case (supra), it was held
as under:-
"In view of the admitted fact that the petitioner had been working since 1987 with the respondent-University and has been granted regular pay scale vide order dated 06.06.1988 and similarly situated candidates have been regularized w.e.f. initial date of appointment, specifically Girdhar Gopal, who was appointed along with the petitioner on the same date, the petitioner deserves to be granted the same benefits.
In view of the above observations, the present writ petition is allowed. The respondent- University is directed to regularize the service of the petitioner w.e.f. 06.06.1988, i.e. his initial date of regular appointment. The petitioner would be entitled to the consequential benefits arising out of the said order."
In view of the submissions made, the present writ petition is
also allowed on the similar terms in the case of Mahendra
Singh Chundawat (supra).
The stay petition and all pending applications also stand
disposed of.
(REKHA BORANA),J 68-Sachin/-
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