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M.R.SHAH, B.V.NAGARATHNA
Jai Narain Vyas University, Jodhpur – Appellant
Versus
Mukesh Sharma Etc. Etc. – Respondent
JUDGMENT
M.R. Shah, J.
Feeling aggrieved and dissatisfied with the impugned judgment and order passed by the High Court of Judicature for Rajasthan at Jodhpur in D.B. Spl. Appl. Writ No. 347 of 2019 and other allied writ appeals by which the Division Bench of the High Court has dismissed the said appeals and has confirmed the judgment and order passed by the learned Single Judge passed in respective writ petitions by which the learned Single Judge allowed the said writ petitions and directed the appellant University to regularize their services with all consequential benefits, the employer University has preferred the present appeals.
2. The respective original writ petitioners were appointed on different posts namely viz. Chowkidar/Peon, Book Attendant, LDC, Library Assistant, Junior Accountant, Accountant, Helper, Staff Nurse, Sweeper, Rakshak, Lab Bearer, Lab Attendant, Book Lifter, Security Guard, Matron, Driver/Peon, LDC cum Computer Operator of the appellant- Jai Narayan Vyas University, Jodhpur (hereinafter referred to as the "J.N.V. University') on different dates through the placement agency. Since all of them had already put in almost 15-30 years of service, they requested f
Regularization – While directing for regularisation in service Court must strike a balance between all parties.
Since the similarly situated persons have already been extended the benefit of regularization, the University should have taken up the cases of the respondents petitioners on its own and as a model e....
The main legal point established in the judgment is the principle of treating similarly situated persons alike and the obligation of the employer to extend benefits to all eligible employees.
Long-term temporary employees, transferred to a new university, have a valid claim for regularization due to lack of illegal engagement and existing vacancies.
The main legal point established in the judgment is the interpretation of continuous service for the purpose of regularization and the condonation of breaks in service, influencing the decision on th....
Prolonged service in essential roles transforms temporary positions into regular ones, necessitating regularization, despite initial stipulations against it.
The main legal point established in the judgment is that employees completing 10 years of service as per an employer-framed scheme may be entitled to regularization, despite the principles laid down ....
The main legal point established in the judgment is the entitlement to regularization and equal pay for employees who have completed five years of continuous service, as per the Dhrubananda Mishra ju....
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