Rajasthan High Court - Jodhpur
Ugam Singh vs Raj. Agri. Uni.& Ors on 30 March, 2009
Author: Govind Mathur
Bench: Govind Mathur
SBCWP No.894/99- Ugam Singh v. Raj. Agri. University & ors.
Date of order: 30.03.2009
1
S.B. C.W.P. No.894/1999
Ugam Singh v. Rajasthan Agriculture University & others
Date of order: 30th March, 2009
HON'BLE MR JUSTICE GOVIND MATHUR
Mr Rajesh Joshi, for the petitioner Mr Basti Chand Bhansali, for the respondents As per petitioner, he was selected for appointment as Computer Data Operator with respondent-University, however, appointment was accorded to him on contract basis. His services were extended time to time by the respondent-University and therefore, by this petition for writ, he is claiming regularisation in service and also the grant of regular pay scale.
It is stated by learned counsel for the petitioner that the controversy involved in this petition for writ stands covered by a Division Bench of this Court in Karan Sharma V. Rajasthan Agriculture University & another, D.B. Civil Special Appeal No.983/2000 decided on 03rd September, 2002. In the appeal aforesaid, the respondent-University was directed to consider case of the petitioner-Karan Sharma for regularisation in terms of resolution adopted by the University. In the instant matter, the ratio settled in Karan Sharma's case (supra) can not be applied as during pendency of the petition, the respondent- University has already terminated the petitioner from service.
SBCWP No.894/99- Ugam Singh v. Raj. Agri. University & ors.
Date of order: 30.03.2009 2 True it is that an application is preferred by the petitioner seeking amendment of the prayer clause, however, no such amendment is required to be made in view of the fact that the issue relating to termination of the petitioner-workman is required to be agitated by way of availing alternative remedy prescribed under the Industrial Disputes Act, 1947 or otherwise. No adequate relief in the instant petition for writ can be given to the petitioner as termination was made by a verbal order.
In view of whatever stated above, this petition for writ is dismissed with liberty to the petitioner to avail appropriate alternative remedy.
[GOVIND MATHUR],J.
mma