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High Court Of Rajasthan
Judgename : R.BALIA,O.P.BISHNOI
MAHESH KUMAR - Appellant
Versus
RAJASTHAN KRISHI VISHVA VIDHYALAYA, BIKANER - Respondent
D. B. C. W. P. 943 Of 2002
Decided On : 05/28/2003
Ultra Vires - Declaration of Sections 7, 9, 11 and 19 of the Rajasthan (Regulation of appointment to Public Service and rationalisation of Staff) Act, 1999 - The court held the mentioned sections to be ultra vires and directed the respondents to consider the petitioner's case for regularisation in light of the judgment.
Fact of the Case:
The petitioner sought a declaration of certain sections of the Act as ultra vires and requested regularisation on the Post of Class IV employee.
Finding of the Court:
The court found the mentioned sections of the Act to be ultra vires based on a previous Division Bench judgment and directed the respondents to consider the petitioner's case for regularisation within a specified period.
Issues: Declaration of sections of the Act as ultra vires, regularisation of the petitioner on the Post of Class IV employee.
Ratio Decidendi: The court's decision was influenced by the previous Division Bench judgment declaring the sections as ultra vires and the petitioner's entitlement to regularisation based on the same benefits granted to junior employees.
Final Decision: The petition was disposed of with a direction to the respondents to consider the petitioner's case for regularisation within a period of three months.
RAJESH BALIA, O. P. BISHNOI, J.
( 1 ) HEARD the learned counsel for the parties. Only substantive relief claimed in this writ petition is about declaration of Sections 7, 9, 11 and 19 of the Rajasthan (Regulation of appointment to Public Service and rationalisation of Staff) Act, 1999 to be ultra vires and consequently directing the respondents to give benefit of regularisation to the petitioner on the Post of Class IV employee w. e. f. which date, the person junior to him have been given benefit of regularisation and regular pay scale.
( 2 ) SO far as the relief relating to declaration of provisions of the aforesaid Act as ultra vires is concerned, a Division Bench of this Court in the judgment Bhawani Singh and 17 others v. State and others 2002 (3) WLC 728 has already declared Sections 9, 11 and 19 ultra vires.
( 3 ) CONSEQUENTLY, it is further held that the respondents cannot refuse to consider the case of the petitioner relating to regularisation of the employees who are regular under them.
( 4 ) IN the facts and circumstances of the case, this petition is disposed of with a direction to the respondents to consider the case of the petitioner for regularisation in the light of the aforesaid judgment within a period of three months and if he is found eligible to consider his case for regularisation with effect from the date from which any other person junior to him has been granted the same benefits.
( 5 ) NO order as to costs.
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