Rajasthan High Court - Jodhpur
Mangi Lal Lohar vs Maharana Pratap University & Ors on 16 January, 2017
Author: Pushpendra Singh Bhati
Bench: Pushpendra Singh Bhati
HIGH COURT OF JUDICATURE FOR RAJASTHAN AT
JODHPUR
S.B.Civil Writ Petition No. 3924 / 2014
Mangi Lal Lohar s/o Shri Nand Lal Lohar, aged about 59 years, r/o
Khempura, District Udaipur.
----Petitioner
Versus
1. Maharana Pratap University of Agriculture & Technology,
Udaipur through its Registrar, Udaipur.
2. The Comptroller, Maharana Pratap University of Agriculture &
Technology, Udaipur.
3. Directorate Post Harvest, Maharana Pratap University of
Agriculture & Technology, Udaipur through the Director,
Udaipur.
----Respondents
_____________________________________________________
For Petitioner(s) : Mr Mukesh Vyas
For Respondent(s) : Mr G.R. Punia, Sr. Advocate assisted by Mr
Rajesh Punia
_____________________________________________________
HON'BLE DR. JUSTICE PUSHPENDRA SINGH BHATI
Judgment 16/01/2017 The petitioner has preferred this writ petition making following prayers:
"It is, therefore, respectfully prayed that record of the case may be called for and by an appropriate writ, order or direction:
(i) That the impugned order dated 31.3.2014 (Anx.13) may kindly be quashed and set aside to the extent of regularizing the services of the petitioner with immediate effect and conditions (2 of 8) [CW-3924/2014] No.1 and 2 regarding new contributory pension and medi claim and the respondents may kindly be directed to regularize the services of the petitioner from the date of initial appointment in service, with all consequential benefits including revision of pay, applicability of old pension scheme, arrears etc.
(ii) The respondents may kindly be further directed to release the benefit of third selection grade to the petitioner on completion of 27 years of service w.e.f. when it became due to the petitioner i.e. in year 2008.
(iii) That the respondent may kindly be further directed to grant the differences of arrears and all other consequential benefit with interest @ 18% per annum to the petitioner.
(iv) Any other relief to which the petitioner is entitled may be granted in his favour.
(v) The writ petition may be allowed with costs." The facts as noticed by this Court are that petitioner was appointed on the post of Chowkidar in the University on 14/16.8.1978. He was re-appointed as Workshop Operator on 19/23.03.1981 in the Pay Grade of Rs.295-8-335-10-395-15-500. The employer published a provisional seniority list vide Annx.3 dated 29.08.1985 in which petitioner was shown to have been appointed on 25.03.1981. The final seniority list was published on 26.09.2001 wherein also his name was reflected as having been appointed on 25.03.1981. The benefit of selection grade was granted to petitioner husband by the employer on completion of 9 years' service on 25.03.1990 and on completion of 18 years' satisfactory service on 25.03.1999.
The employer had a resolution, which stated that:
"1. Such persons who have passed the prescribed job test/interview and are found qualified for the post and has been given appointment on Adhoc basis, their services be (3 of 8) [CW-3924/2014] regularised from the date of joining the post through a Screening Committee to be appointed by the Vice- Chancellor."
The notification of the University dated 04/06.01.2000 is also on record, which is as follows:
"The Vice-Chancellor is pleased to order that till a set of rules are framed by the newly established Agriculture University, Udaipur prevalent rules of RAU, Bikaner be followed by Agril. University, Udaipur. In addition to the above, various policy decisions taken by the BOM, Academic Council and other committees of RAU since 1987 shall also be applicable for Agricultural University, Udaipur till further orders."
The petitioner filed a Writ Petition bearing No.12849/2011 which was disposed of by this Court on 10.09.2013 by directing the respondent-University to consider case of the petitioner's husband for allowing relief in light of of Uma Devi {(2006) 4 SCC 1} and S.R. Bhatt {SBCWP No.8358/2009 decided on 05.07.2011}. The case of petitioner was considered accordingly and an order dated 31.03.2014 was passed, the relevant portion whereof is as follows:
"Whereas, as narrated by the Director Research vide his letter that:-
a. Sh. Mangi Lal Lohar was initially appointed as Chwokidar on 16.08.1978 in the pay scale of Rs.240-290.
b. Thereafter he was appointed on the post of Workshop Operator on 19/23.03.1981 in the pay scale of Rs.395-15-
500.
c. He was skilled for the post at the time of his initial appointment.
(4 of 8) [CW-3924/2014] d. He is at present drawing his salary from the post of Workshop Operator, AICRP on PHT, CTAE, Udaipur since 23.03.1981.
d. He has been granted the benefit of selection scale on completion of 9 and 18 years of service.
e. His age at the time of his initial appointment was 20 years 3 months and 27 days.
Whereas, the committee considered the facts & service record, put up by the Director Research, Udaipur in the light of Hon'ble Court orders, NOC/approval of the Government that Sh. Mangi Lal Lohar was given an appointment in a specific pay scale & he has been serving against a duly sanctioned vacant post since the year 1981 to till date without any intervention of Court orders, therefore, the committee recommended that services of Sh. Mangi Lal Lohar may be regularized by appointment on the post of Workshop Operator with immediate effect. Therefore, in view of Hon'ble High Court orders, approval/NOC of Government of Rajasthan, recommendations of the committee constituted for the purpose, Hon'ble Vice-Chancellor is pleased to regularize the services of Sh. Mangi Lal Lohar by appointment on the post of Workshop Operator (Running Pay Band 5200-20200 GP 1900) AICRP on RES. CTAE, Udaipur with immediate effect, on the following conditions:-
Conditions:-
1. He will be governed by the New Contributory Pension Scheme applicable on or after 01.01.2004.
2. He will be governed by the medi-claim coverage applicable on or after 01.01.2004."
The petitioner has challenged the aforesaid order dated 31.03.2014 by filing present writ petition.
The respondents have filed a detailed reply and defended that the regularization of services of petitioner from the date of (5 of 8) [CW-3924/2014] order dated 31.03.2014 is on the basis of BOM resolution, which stipulated that his services shall be regularized from the date of joining the post through a screening committee, to be appointed by the Vice Chancellor. Learned counsel for the respondents stated that Annx.13 was in compliance of the directions earlier issued by this Court, is perfectly in accordance with law and does not call for any interference by the Court.
In the reply, it was also submitted that case of Sudhanshu Rai Bhatt was such that he was directed to appear before screening committee for job test & interview and he was regularized under specific orders of the Hon'ble Court whereas in the present case, the petitioner neither applied for the service benefits nor appeared before the screening committee for job test or interview.
The learned counsel for the petitioner has vehemently argued that it is an accepted position that petitioner had been discharging duties as Workshop Operator from 25.03.1981 and was granted selection scale on completion of 9 and 18 years service from such corresponding dates. The learned counsel for petitioner also drew attention of this Court towards order passed in the case of Sudhanshu Rai Bhatt (supra) on 20.04.2011 by the respondents. The order reads as follows:
"Pursuant to the order dated 22.03.2011, passed by Hon'ble High Court, Jodhpur in SB Civil Writ Petition No.8358/2009- Sh. Sudhanshu Roy Bhatt Vs MPUAT & Ors and consequent to the recommendations of the Screening Committee (meeting held on 19th April 2011) and subsequent approval (6 of 8) [CW-3924/2014] of Hon'ble Vice-Chancellor, the Vice-Chancellor is pleased to regularize the services of Sh. Sudhanshu Roy Bhatt on the post of Assistant Agriculture Officer, with immediate effect and post him at Directorate of Extension Education, Udaipur on a starting pay in the pay-band of Rs.9300-34800 with Grade Pay Rs.3600 plus admissible allowances thereon, on the following terms and conditions:-
Terms & Conditions:-
1. "New Contributory Pension Scheme" shall be admissible to him, which is applicable to Government employees appointed on or after 01.01.2004.
2. He shall not be allowed the benefit of Selection Grade, as per the provisions of Finance Department Order No.F.16(2)FD/Rules/98 dated 17.02.1998, as amended from time to time.
3. He will be governed by the mediclaim coverage, which is applicable to Government employees appointed on or after 01.01.2004."
As a consequence of this order, as per petitioner Shri Bhatt would have been entitled to regularisation only with effect from 19.04.2011. The learned counsel for the petitioner pointed out that this order was amended in the light of judgment passed by Hon'ble Supreme Court of India in SLPs (Civil) No.33784/2011 and 33785/2011 on 13.09.2012. The order as amended is as under:
"Pursuant to the orders dated 21st July, 2012, passed by Hon'ble Supreme Court of India in Special Leave to Appeal (Civil) No.33784-33785 of 2011 - MPUAT & Anr v.
Sudhansu Roy Bhatt, the Hon'ble Vice-Chancellor is pleased to order the following:
1. Order No.F.MPUAT/Estt/Gr.II/2011/2482 dated
20.04.11 is modified to the extent that all service benefits to Sh. Sudhansu Roy Bhatt, consequent to his (7 of 8) [CW-3924/2014] regularization, are granted to him from the date of his initial entry in the service.
2. He be also granted benefit of revised pay-scale rules promulgated by the State Government and followed by the respondent University from time to time.
3. He be paid the entire arrears, as above, within a period of six months."
Thus, learned counsel for the petitioner has clearly demonstrated that regularization of services of Shri Bhatt was not made from the date of screening committee but was given from the date of his initial entry in the service.
The learned counsel for the respondents disagreed with the proposition and stated that the resolution clearly stipulates that no regularization could be done without proper screening and the same is to be done from the date when the person joins the post after report of the screening committee. Learned counsel for the respondents also drew attention of the Court towards impugned order and pointed out from the same that the screening committee was constituted on 07/10.03.2014.
After hearing arguments of learned counsel for both sides and going through the record of the case, this Court is of the opinion that as per the precedents of law laid down in Sudhansu Roy Bhatt v. MPUAT, Udaipur (supra) the respondents were required to give the benefit of regularization to petitioner from the date of his entry in the service, which admittedly in his case is 25.03.1981. This Court further takes note of the facts mentioned in the impugned order, in which the respondent-University has (8 of 8) [CW-3924/2014] admitted that petitioner was appointed on 25.03.1981 on a pay scale and was granted benefit of selection scales on completion of 9 and 18 years service respectively. This Court is of the opinion that the respondents have rightly considered in the impugned order the fact that Shri Mangi Lal Lohar was given appointment in a specific pay scale and he has been serving against a duly sanctioned post since 1981 without any intervention of court orders. The recommendation of the committee on the aforementioned facts itself is a clear indication that the benefit of regularization ought to have been given from the date of his initial appointment in the service i.e. 25.03.1981.
The writ petition is, therefore, allowed. The impugned order dated 31.03.2014 is quashed and set aside to the extent it regularises services of petitioner with effect from date of order i.e. 31.03.2014 and the same date is substituted with date of his initial entry in the service i.e. 25.03.1981. The conditions No.1 & 2 of the impugned order dated 31.03.2014 are also quashed and set aside. The services of petitioner shall be considered regularized with effect from 25.03.1981 and all consequential benefits shall be paid to the petitioner within a period of 3 months from the date of submitting certified copy of this order. No order as to costs.
(DR. PUSHPENDRA SINGH BHATI)J.