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2014 Supreme(Raj) 535

RAJASTHAN HIGH COURT
Jaipur Bench
Gopal Sharan Gupta (Dr.) Vs. University of Raj. & Anr. (Rafiq, J.)
HON'BLE MOHAMMAD RAFIQ, J.
Gopal Sharan Gupta (Dr.)
Versus
University of Rajasthan & Anr.
S.B. Civil Writ Petition No.4107 of 2011, decided on 03.03.2014

Advocates Appeared
Rajendra Soni, for Petitioner;
Ajeet Kumar Sharma, Senior Counsel with Rachit Sharma, for Respondents

Headnote:Rajasthan University Teachers (Absorption of Ad-hoc Teachers) Ordinance — Regularisation with continuity of services — Appointed as Research Assistant — Persons appointed after 5 years to him were granted benefits but petitioner was denied on the ground that the post being non-teaching — Completed 17 years service — Won the battle upto Supreme Court — Held — The post of Research Assistant was very much existing in the University and was included in Advertisement — He possesses all the requisite qualifications — The work done by Research Associate is more or less identical to work done by Research Assistant — Cannot be permitted to exploit the petitioner making him work on consolidated salary of Rs. 9300/- p.m. for such a long time — Directed to regularise his services. (Paras 8 to 13)

       Writ petition allowed.

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        ¼in la[;k 8 ls 13½

       fjV ;kfpdk Lohdkj dhA


       

Hon'ble RAFIQ, J.—This writ petition has been preferred by petitioner Dr. Gopal Sharan Gupta, inter alia with prayer that respondents University of Rajasthan be directed to grant him benefit of higher pay scale, proper pay fixation and re-designation of post of Assistant Processor, which has been given to persons working as Research Assistant/Research Associates, and also grant him benefit of regularization with continuity of service in the terms of direction contained in Division Bench judgment of this court in Special Appeal (Writ) No.733/2000, dated 24.03.2009 and order dated 20.12.2010 to the extent it denies such benefits to petitioner be modified and he be granted similar benefits at par with Research Assistant/Research Associate regularized in service by that order.

2. Shri Rajendra Soni, learned counsel for petitioner, argued that petitioner was appointed in the service of the University of Rajasthan, after regular selection was held, by order dated 26.04.1991. He filed S.B. Civil Writ Petition No.3800/1996 seeking mandamus to respondents to grant him regular pay scale with regularization. His services, however, were terminated during pendency of aforesaid writ petition, on 31.03.1997. Petitioner got aforesaid writ petition amended thereby challenging the order of his termination. Learned Single Bench vide order dated 12.05.2000 allowed the writ petition and set aside order of termination directing respondent University to reinstate him in service with continuity. Respondent University filed Special Appeal (Writ) No.733/2000, before the Division Bench challenging aforesaid judgment of Single Bench, which was disposed of by judgment dated 24.03.2009 directing that petitioner be reinstated in service without back wages and further that in the meantime if salary of Research Assistant in the University of Rajasthan is increased on consolidated basis or otherwise, petitioner shall be entitled for same salary. It was also directed that for other purposes including for the purpose of regularization, the intervening period of service should be counted. Respondent University of Rajasthan challenged aforesaid Division Bench judgment of this court before the Supreme Court by filing Special leave to Appeal (Civil) No.19500/2009, which came to be dismissed by judgment dated 17.08.2009. Respondent had to thereafter reinstate petitioner in service. Petitioner submitted representation on 20.04.2009 requesting respondents to grant him pay scale at par with one Shri S.S. Ranawat, Research Associate, who has been given pay scale of Rs.700-1600 of Research Assistant, vide order dated 07.07.1994. Respondent University by notification dated 16.06.2008, absobed the ad-hoc teachers working with them and subsequently appointed them by order dated 05.04.2008 from the date of their initial appointment. Vide order dated 21.07.2009 pursuant to Syndicate Resolution No.56, eight Research Associates were re-designated as Assistant Professor. When Division Bench judgment of this court dated 24.03.1999 was not complied with by respondents, petitioner filed Contempt Petition No.967/2009 and it was only thereafter that petitioner was offered appointment and was reinstated on the post of Research Assistant on consolidated salary of Rs.9300/- per month. Contempt petition was disposed of vide order dated 04.11.2010.

3. Shri Rajendra Soni, learned counsel for the petitioner, argued that reinstatement of petitioner was made vide order dated 20.12.2010 as Research Assistant in the Centre for Rajasthan Studies but complete benefits in terms of Division Bench judgment of this court were not extended to petitioner. Petitioner submitted representation to respondents on 28.02.2011 and thereafter served legal notice for demand of justice on 07.03.2011. When his grievances were not remedied, petitioner had to file present writ petition. Learned counsel has referred to order dated 19.08.2008 and argued that while petitioner has been working with respondent University si
















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