Jawaharlal Nehru Krishi Vishwa Vidyalaya, Jabalpur, M.P. Vs. Bal Kishan Soni & Ors.
EmailAppeal: Civil Appeal No. 2888 of 1997
(From the Judgment and Order dated 12.7.96 of the Madhya Pradesh High Court in M.C.C. No. 461 of 1995)
(Arising out of SLP (C) No.25136 of 1996)
(From the Judgment and Order dated 12.7.96 of the Madhya Pradesh High Court in M.C.C. No. 461 of 1995)
(Arising out of SLP (C) No.25136 of 1996)
Petitioner: Jawaharlal Nehru Krishi Vishwa Vidyalaya, Jabalpur, M.P.
Respondent: Bal Kishan Soni & Ors.
Apeal: Civil Appeal No. 2888 of 1997
(From the Judgment and Order dated 12.7.96 of the Madhya Pradesh High Court in M.C.C. No. 461 of 1995)
(Arising out of SLP (C) No.25136 of 1996)
(From the Judgment and Order dated 12.7.96 of the Madhya Pradesh High Court in M.C.C. No. 461 of 1995)
(Arising out of SLP (C) No.25136 of 1996)
Judges: K. RAMASWAMY & D.P. WADHWA, JJ.
Date of Judgment: Apr 07, 1997
Appearances:
Mr. G.C. Gupta, Senior Advocate, Mr. S.K. Bandhyopadhyay, and Mr. C.L. Sahu, Advocate with him for the appellant.
Mr. T.G. Narayanan Nair, Advocate for the Respondents.
Head Note:
SERVICE AND LABOUR LAWS
Regularisation in Service – Scheme sponsored by Indian Council of Agricultural Research – No permanent posts can be created- Held that in absence of permanent posts direction to regularise services is violative to right to posts – Order modified – Scale of pay to be according to the posts occupied.
Held:
It is not in dispute that the Scheme is sponsored by Indian Council of Agricultural Research and, therefore, permanent posts cannot be created. The posts are co-terminus with the scheme. On abolition of the Scheme, posts also necessarily stand abolished. We are informed that the Scheme may continue to be in force; but it depends upon the Scheme being sponsored and the posts made available by the Indian Council of Agricultural Research. Therefore, the direction to regularise the services is violative of their right to posts. The order of the High Court to that extent is modified. On whatever posts the respondents are working and discharging their duty, the scale of pay of the said post is directed to be paid. (Para 3)
JUDGEMENT:
O R D E R
1. Leave granted.
2. This appeal by special leave arises from the order of the High Court of Madhya Pradesh passed in Misc. Petition No.2935 of 1986 on 9th February, 1995 and the order passed in Review Petition (MCC No.461 of 1995) dated 12th July, 1996. On a Scheme sponsored by the Indian Council of Agricultural Research, the appellant-institute had taken up the Project. As many as 625 posts were created in different scales. The respondents while working as Binders, Machine Operators & Class IV employees respectively in the regular pay-scales of Rs.750-945, filed a writ petition in the High Court for regularisation of their service. By the impugned order, the High Court allowed the writ petition. Feeling aggrieved, the appellant-institute has filed this appeal by special leave.
3. It is not in dispute that the Scheme is sponsored by Indian Council of Agricultural Research and, therefore, permanent posts cannot be created. The posts are co-terminus with the scheme. On abolition of the Scheme, posts also necessarily stand abolished. We are informed that the Scheme may continue to be in force; but it depends upon the Scheme being sponsored and the posts made available by the Indian Council of Agricultural Research. Therefore, the direction to regularise the services is violative of their right to posts. The order of the High Court to that extent is modified. On whatever posts the respondents are working and discharging their duty, the scale of pay of the said post is directed to be paid.
4. The appeal is accordingly disposed of. No costs.
1. Leave granted.
2. This appeal by special leave arises from the order of the High Court of Madhya Pradesh passed in Misc. Petition No.2935 of 1986 on 9th February, 1995 and the order passed in Review Petition (MCC No.461 of 1995) dated 12th July, 1996. On a Scheme sponsored by the Indian Council of Agricultural Research, the appellant-institute had taken up the Project. As many as 625 posts were created in different scales. The respondents while working as Binders, Machine Operators & Class IV employees respectively in the regular pay-scales of Rs.750-945, filed a writ petition in the High Court for regularisation of their service. By the impugned order, the High Court allowed the writ petition. Feeling aggrieved, the appellant-institute has filed this appeal by special leave.
3. It is not in dispute that the Scheme is sponsored by Indian Council of Agricultural Research and, therefore, permanent posts cannot be created. The posts are co-terminus with the scheme. On abolition of the Scheme, posts also necessarily stand abolished. We are informed that the Scheme may continue to be in force; but it depends upon the Scheme being sponsored and the posts made available by the Indian Council of Agricultural Research. Therefore, the direction to regularise the services is violative of their right to posts. The order of the High Court to that extent is modified. On whatever posts the respondents are working and discharging their duty, the scale of pay of the said post is directed to be paid.
4. The appeal is accordingly disposed of. No costs.
