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2007 Supreme(SC) 31

ARIJIT PASAYAT, S.H.KAPADIA
Yamuna Shankar Sharma – Appellant
Versus
State Of Rajasthan – Respondent


JUDGMENT

Dr. Arijit Pasayat, J.—Leave granted.

2. Challenge in these appeals is to the judgment rendered by a Division Bench of the Rajasthan High Court at Jodhpur, partly allowing the Civil Special Appeal filed by the present Vice Chancellor, Mohan Lal Sukhadia University (in short the Union) and others questioning correctness of the order passed by the learned Single Judge. By the order which was impugned before the Division Bench, the learned Single Judge held that order dated 25.4.2003 passed by the University was not sustainable and both the Vice Chancellor and the University were directed to take back the present appellant in service as Legal Assistant with all consequential benefits. The Single Judge directed the University and the Vice Chancellor to absorb the present appellant on a regular post from the date when the vacancy arose pursuant to the order of this Court dated 16.9.1992.

3. Background facts in a nutshell are as follows:

Appellant acquired L.L.M Degree in the year 1977. The Udaipur University, re-christened as Mohan Lal Sukhadia University, appointed him as Assistant Professor of Law in its College of Law, Udaipur on ad hoc basis in the regular pay scale of Assist














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