JUDGMENT :

1. This special appeal writ has been filed on behalf of the appellant–University being aggrieved with the judgment dated 07.02.2023 passed by the learned Single Judge of this Court in S.B. Civil Writ Petition No.2920/2016 (Suresh Chandra Mehta Vs. Maharana Pratap University of Agriculture and Technology & Ors.), whereby the writ petition filed by the respondent was disposed of in the light of order dated 22.03.2022 passed by learned Single Judge of this Court in Jagdish Prasad Vs. Maharana Pratap University of Agriculture and Technology, Udaipur & Anr. (S.B. Civil Writ Petition No.3908/2014), which was upheld by the Division Bench of this Court vide order dated 27.06.2022 passed in Maharana Pratap University of Agriculture and Technology, Udaipur & Anr. Vs. Jagdish Prasad (D.B. Special Appeal Writ No.588/2022).

2. Vide impugned judgment dated 07.02.2023, it was further directed to the appellant–University to regularize the service of the respondent from the date of his initial appointment i.e. July 1985 on the post of Photographer with all consequential benefits within the period of three months.

3. Brief facts of the case are that the respondent was initially engaged on daily wages at the rate of Rs.20/-per working day on casual basis to work against the post of Photographer for a period of one month, with the stipulation that he would not be paid for more than 26 days in a month, vide order dated 15th/17th July, 1985. The said engagement of the respondent as casual worker against the post of Photograph was continued for every month till 14.07.1988 and thereafter he did not engage as casual worker against the said post of Photographer. In the meantime, the daily wages of the respondent were increased from Rs.20/-to Rs.30/-vide order dated 10th/12th December, 1985 and thereafter vide order dated 18th/22nd April, 1987, he was paid fixed emoluments at the rate of Rs.780/-per month, which was to be charged from the regular post of Photographer.

4. Later on, when the engagement of the respondent was discontinued/terminated, he preferred S.B. Civil Writ Petition No.2253/1988 (Suresh Chand Mehta Vs. Raj. Agricultural University & Ors.) before this Court at Jaipur Bench, however, the said writ petition came to be dismissed as infructuous vide order dated 29.11.1994 because in the year 1991, he was again re-engaged on 28.05.1991 on compassionate ground as casual Photographer against the post of Photographer on fixed salary of Rs.780/- per month.

5. It is to be noticed that the learned Single Judge of this Court at Jaipur Bench while dismissing SBCWP No.2253/1988 (supra) did not interfere with the discontinuation/termination order of the respondent and observed that no cause of action survives in the writ petition.

6. It is also to be noticed that after re-engagement of the respondent by the appellant-University vide order dated 28.05.1991 on the fixed salary of Rs.780/-per month, he was allowed the payment of fixed salary of Rs.1400/-per month minimum of the pay scale of Photographer i.e. 1400-40-1800-50-2300-60-2360 vide order dated 21st/23rd October, 1991.

7. It is further noticed that later on vide order dated 21.11.2002, the appellant-University fixed the salary of the respondent at the rate of Rs.5000/-per month minimum of the pay scale of Photographer i.e. 5000-150-8000 with other allowances w.e.f. 01.09.1996 consequent upon implementation of Revised New Pay Scale, 1998.

8. It is not in dispute that the respondent continued in the service of appellant-University till he reached the age of superannuation in the year 2016.

9. The respondent filed SBCWP No.2920/2016 (supra) with a prayer that the appellant-University be directed to regularize his services on the post of Photographer from the date of his initial appointment i.e. July 1985 with all consequential benefits and to make payment of salary in regular pay scale i.e. 640-1180 applicable to the post. The said claim of the respondent was opposed by the appellant-University b