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2023 Supreme(Raj) 1713

IN THE HIGH COURT OF RAJASTHAN
VINIT KUMAR MATHUR, J.
Lalit Gehlot and Others – Appellant
Versus
Jai Narain Vyas University, Jodhpur – Respondent
S.B. Civil Writ Petition No. 5666 of 2022 with 54 other connected matters,
Decided on : 26-04-2023

Advocates:
Advocate Appeared:
For the Appellant :Manoj Bhandari, Sr. Advocate assisted by Govind Suthar, Nikhil Jain, Mohit Singh Choudhary, Pradeep Choudhary, Rakesh Arora, Ms. Deepika Purohit, Sampat Prajapat, Ms. Saeena Bano, Vikram Singh Bhati, Manvendra Sigh Rathore, Ms. Anita Rajpurohit, Nihar Jain, Abhishek Sharma, Nikhil Bhandari
For the Respondent: D.S. : Beniwal with Ms. Manasvi Choudhary and Rajesh Punia

Headnote:(A) Constitution of India - Articles 14 and 16 - Employment - Regularization of services of casual employees - Petitioners were appointed on different posts through a placement agency and have been performing regular duties - Petitioners sought regularization based on precedent judgments, notably SBCWP No. 8660/2011 and related cases - No distinction between petitioners and employees granted benefits previously. (Paras 3, 6, 17, 18, 21)

(B) Equal Treatment - The principle that similarly situated employees must receive equal treatment in matters of employment and regularization is emphasized, rejecting the respondent's claims of differentiation based on appointment methods. (Paras 12, 25)

(C) Legal Authority - The court reiterated that the previous judgments by this and the Supreme Court must be followed, reinforcing established rights concerning regularization. (Paras 19, 20, 26)

(D) Employer Obligation - The court highlighted the obligation of the employer to regularize eligible workers without displacement and maintain fairness and equity in employment practices. (Paras 21, 27)

Facts of the case:
The petitioners, appointed to various posts at the respondent-university through casual or daily wage setups, sought regularization citing similar positions treated differently in prior judgments. The respondent university argued that no master-servant relationship existed.

Findings of Court:
The petitioners are entitled to regularization as they perform ongoing work and are indistinguishable from those who received similar benefits.

Issues: Whether the petitioners are entitled to the same benefits as previously granted to similarly situated workers and if their non-regularization amounts to unfair practice.

Ratio Decidendi: The court determined that the petitioners had the right to regularization based on established precedent and that failure to do so would violate the principles of equality and fairness.

Result: Writ petitions allowed; respondents directed to regularize services of petitioners within six weeks.

Table of Content
1. petitioners worked in various capacities. (Para 3)
2. petitioners argue entitlement to benefits. (Para 4 , 5 , 10)
3. university acknowledges similarity in cases. (Para 8 , 19)
4. court recognizes petitioners' right to relief. (Para 17 , 21)
5. court cites supreme court ruling on regularization. (Para 22 , 23 , 25)
6. writ petitions allowed; regularization ordered. (Para 27)

JUDGMENT :

VINIT KUMAR MATHUR, J.:— Heard learned counsel for the parties.

2. The present batch of writ petitions are based on identical facts and involving common point of law, therefore, the same are being disposed of by this common order.

3. Brief facts which are required to be noted for deciding the controversy are that the petitioners were appointed on different posts 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 in the respondent- Jai Narayan Vyas University, Jodhpur on different dates through the placement agency/casual basis/daily wage basis. Some of the petitioners have served the respondent No. 1 in their respective capacities for a very long time. Since, the position on which the petitioners are working and the period since when they are working, have not been disputed, therefore, the individual details of the petitioners are not being mentioned in this order. The petitioners have represented to the respondents from time to time for regularization of their services on the strength of the judgments passed by this Court in the following cases:—

Case No.

Decided on

Case Title

Status

SBCWP No. 8660/2011

13.12.2013

Jitendra Kumar v. Jai Narain Vyas University

Allowed in favour of employee/petitioner

DBSAW No. 354/2014

18.07.2014

JNV University v. Jitendra Kumar

Appeal filed by respondent University was dismissed

SBCWP No. 375/2015

03.08.2016

Vikrant Sharma v. Jai Narain Vyas University, Jodhpur

Allowed in favour of employee/petitioner

DBSAW No. 7/2017

21.02.2017

Jai Narain Vyas University, Jodhpur v. Vikrant Sharma

Appeal filed by respondent University was dismissed

SBCWP No. 13760/2015

13.12.2017

Deepak Dave v. Jai Narain Vyas University, Jodhpur

Allowed in terms of Jitendra Kumar and appointment was given on 12.01.2018. No appeal was filed by respondent University.

4. The principal argument of the learned counsel for the petitioners is that the similarly situated persons have approached this Court by way of filing number of writ petitions and the same were allowed by this Court. Learned counsel further submits that a writ petition being SBCWP No. 8660/2011 filed by similarly situated person namely Jitendra Kumar was allowed by the learned Single Bench and thereafter the respondent-University preferred Special Appeal against the order of the learned Single Bench being DBSAW No. 354/2014 ( JNVU v. Jitendra Kumar ), which was dismissed by the Division Bench of this Court on 18.07.2014 and thereafter, an SLP No. 30831/2014 ( JNVU v. Jitendra Kumar ), filed against the Division Bench judgment dated 18.7.2014 too was dismissed by the Apex Court vide judgment dated 24.11.2014.

5. Another bunch of writ petitions were allowed by the Single Bench against which respondent-University preferred Special Appeal before Division Bench of this Court led by D.B. Special Appeal Writ No. 347/2019 ( Jai Narain Vyas University, Jodhpur v. Mukesh Sharma ), which was dismissed vide judgment dated 13 08.2021. The respondent-University challenged the order of Division Bench by way of filing Special Leave Petitions before Hon'ble the Supreme Court and the Hon'ble Supreme Court vide judgment dated 28.03.2022, disposed of these Special Leave Petitions with a modification that the petitioners will be entitled to the actual benefits for a period prior to three years of filing of the writ petitions only. The other directions gi

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