Smt. Nirmala Chauhan vs Jai Narayan Vyas University ...
2023 Latest Caselaw 8676 Raj

[2023:RJ-JD:35705]

HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR S.B. Civil Writ Petition No. 4334/2021

Smt. Nirmala Chauhan W/o Shri Shyam Singh Chauhan, Aged About 43 Years, Resident Of House No. 2-B-2, Chopasani Housing Board, Jodhpur, Working As Peon/library Counter Assistant In The P.g. And U.g. Library, Department Of Commerce, Jai Narayan Vyas University, Jodhpur.

----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. Shiv Kumar Vyas
For Respondent(s)              :    Mr. PRS Jodha



                          JUSTICE DINESH MEHTA

                                         Order

18/10/2023

1. Learned counsel for the petitioner submitted that the

controversy involved in the present writ petition has already been

decided by the Division Bench of this Court in the case of D.B.

Special Appeal Writ No.347/2019 : Jai Narain Vyas University &

Anr. vs. Mukesh Sharma by way of judgment dated 13.08.2021.

2. It is further informed that said judgment dated 13.08.2021

has been upheld by the Hon'ble Apex Court with certain

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

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

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

[2023:RJ-JD:35705] (2 of 2) [CW-4334/2021]

"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."

3. Learned counsel for the respondents does not refute the

above submission.

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

also disposed of in terms of the judgment passed by the Hon'ble

Apex Court in the case of Mukesh Sharma (supra).

5. Stay application also stands disposed of accordingly.

(DINESH MEHTA),J 556-Mak/-

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