The denial of regularization and consequential benefits to an employee who served continuously for more than 32 years, in violation of constitutional rights, is impermissible.

JUDGMENT

1. These writ petitions involving interdependent issues are heard together and being disposed of by this common order.

2. Briefly stated facts of the case are that the petitioner vide order dated 08.03.1983, came to be appointed on the post of Technical Assistant (Agriculture), pursuant to advertisement No.05/1982 dated 29.05.1982, in the MLS University, Udaipur. In the order of appointment, it was stipulated that appointment has been made on ad-hoc basis till March, 1983, which is to be extended from month to month. The petitioner pursuant to the appointment order 08.03.1983, started working in MLS University. The entire agricultural faculty of MLS University was merged with the Rajasthan Agriculture University, Bikaner which was created in the year 1987. Subsequently in the year 2000, by way of an enactment, the Rajasthan Agriculture University was divided and Maharana Pratap University of Agriculture & Technology, Udaipur (hereinafter referred to as 'MPUAT') came to be established. After creation of MPUAT, the services of the petitioner were transferred to the said university. Later on in the year 2013, Agriculture University, Kota was established by promulgation of Act No.22 of 2013. The services of the petitioner were thereupon transferred to Agriculture University, Kota. The petitioner after discharging more than 32 years of uninterrupted services with the respondents stood superannuated on 31.08.2015.

3. The petitioner in Sampat Singh Rathore v. Maharana Pratap University of Agriculture & Technology & Ors. (S.B. C.W. No.6438/2018), has prayed for following reliefs:-

"a) by an appropriate writ, order or direction, the writ petition filed by the petitioner may kindly be allowed.

b) by an appropriate writ, order or direction, impugned inaction on the part of the respondent authorities in not sanctioning/releasing due amount of retiral benefits like commutation, gratuity and final pension of the petitioner in spite of lapse of almost three years of his retirement may kindly be declared illegal and accordingly, they may kindly be directed to sanction and release due amount of retiral benefits including final pension of the petitioner forthwith.

c) by an appropriate writ, order or direction, the respondent authorities may further kindly be directed to release due amount of arrears of pension after revision from time to time and other consequential benefits to the petitioner as per law forthwith.

d) by an appropriate writ, order or direction, the respondent authorities may further kindly be directed to make payment of interest @9% per annum on the delayed payment of due retiral benefits including arrears of final pension to the petitioner forthwith.

e) Any other appropriate order, which this Hon'ble Court deems just and proper in the facts and circumstances of the case may kindly be passed in favour of the petitioner.

f) Cost of writ petition may also please be awarded in favour of the petitioner."

4. In Sampat Singh Rathore v. Maharana Pratap University of Agriculture & Technology & Ors. (S.B. C.W. 6591/2018) following reliefs have been prayed for:-

"a) by an appropriate writ, order or direction, the writ petition filed by the petitioner may kindly be allowed.

b) by an appropriate writ, order or direction, impugned inaction on the part of the respondent authorities more particularly the respondent No. 1-University in not regularizing the services of the petitioner from the date of his initial appointment i.e. 15.03.1983 (Annex. 13) may kindly be declared illegal and accordingly, the same may kindly be discarded.

c) by an appropriate writ, order or direction, the respondent No. 1-University may kindly be directed to consider the case of the petitioner for regularization of his services and accordingly, regularize him in service w.e.f. the date of his initial entry in service i.e. 15.03.1983 as has been done in the cases of similarly situated other employees forthwith

d) by an appropriate writ, order or direction, the respondent aut