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1997 Supreme(SC) 655

K.RAMASWAMY, D.P.WADHWA
Jawaharlal Nehru Krishi Vishwa Vidyalaya, Jabalpur, M. P. – Appellant
Versus
Bal Kishan Soni – Respondent


ORDER

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 India




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