Rajasthan High Court - Jodhpur
Priyanka Khangarot vs Dr. Sarvepalli Radhkrishnan Rajasthan ... on 4 August, 2020
Author: Pushpendra Singh Bhati
Bench: Pushpendra Singh Bhati
HIGH COURT OF JUDICATURE FOR RAJASTHAN AT
JODHPUR
S.B. Civil Writ Petition No. 5318/2020
Priyanka Khangarot W/o Shri Vijay Pal Singh, Aged About 26
Years, D/o Shri Vishnu Singh, R/o 81 Sultan Nagar, Bjs Colony,
Jodhpur, Rajasthan.
----Petitioner
Versus
1. Dr. Sarvepalli Radhkrishnan Rajasthan Ayurved University,
Karwar, Jodhpur - Nagaur Highway Road, Jodhpur,
Rajasthan Through The Registrar.
2. Registrar, Dr. Sarvepalli Radhkrishnan Rajasthan Ayurved
University, Karwar, Jodhpur.
3. Principal University College Of Ayurved, Dr. Sarvepalli
Radhakrishnan Rajasthan Ayurved University, Karwar,
Jodhpur- Nagaur Highway Road, Jodhpur, Rajasthan.
----Respondents
Connected With
S.B. Civil Writ Petition No. 12568/2018
Mahendra Singh S/o Shri Inshore Singh, Aged About 30 Years,
By Category Obc, Chan Pole Chaka, Jnv Colony, Jodhpur (Raj.).
----Petitioner
Versus
1. Dr. Sarvepalli Radhakrishnan Rajasthan Ayurved
University, Karwar, Jodhpur- Nagaur Highway Road,
Jodhpur (Raj.) Through Its Registrar.
2. Registrar, Dr. Sarvepalli Radhakrishnan Rajasthan Ayurved
University, Karwar, Jodhpur- Nagaur Highway Road,
Jodhpur (Raj).
----Respondents
S.B. Civil Writ Petition No. 12570/2018
Shama Devi W/o Ramvilas Jyani, Aged About 35 Years, 280
Narayan Nagar, Banar Road, Jodhpur (Raj.).
----Petitioner
Versus
1. Dr. Sarvepalli Radhakrishnan Rajasthan Ayurved
University, Karwar, Jodhpur- Nagaur Highway Road,
Jodhpur (Raj.) Through Its Registrar.
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2. Registrar, Dr. Sarvepalli Radhakrishnan Rajasthan Ayurved
University, Karwar, Jodhpur- Nagaur Highway Road,
Jodhpur (Raj).
----Respondents
S.B. Civil Writ Petition No. 12571/2018
Jeetu Singh S/o Shri Banshi Singh, Aged About 27 Years, 103,
Navdurga Colony, Jhalamand Chouraha, Jodhpur (Raj.).
----Petitioner
Versus
1. Dr. Sarvepalli Radhakrishnan Rajasthan Ayurved
University, Karwar, Jodhpur- Nagaur Highway Road,
Jodhpur (Raj.) Through Its Registrar.
2. Registrar, Dr. Sarvepalli Radhakrishnan Rajasthan Ayurved
University, Karwar, Jodhpur- Nagaur Highway Road,
Jodhpur (Raj).
----Respondents
S.B. Civil Writ Petition No. 12585/2018
Bhagwan Singh Chandawat S/o Shri Chotu Singh Chandawat,
Aged About 48 Years, Melawas, Tehsil Bavri, Jodhpur (Raj.)
----Petitioner
Versus
1. Dr. Sarvepalli Radhakrishnan Rajasthan Ayurved
University, Karwar, Jodhpur- Nagaur Highway Road,
Jodhpur (Raj.) Through Its Registrar.
2. Registrar, Dr. Sarvepalli Radhakrishnan Rajasthan Ayurved
University, Karwar, Jodhpur- Nagaur Highway Road,
Jodhpur (Raj).
----Respondents
S.B. Civil Writ Petition No. 12588/2018
Sahi Ram S/o Shri Birma Ram, Aged About 46 Years, 36, Vishnu
Nagar, Behind Rto Office, Paota- C Road, Jodhpur (Raj.).
----Petitioner
Versus
1. Dr. Sarvepalli Radhakrishnan Rajasthan Ayurved
University, Karwar, Jodhpur- Nagaur Highway Road,
Jodhpur (Raj.) Through Its Registrar.
2. Registrar, Dr. Sarvepalli Radhakrishnan Rajasthan Ayurved
University, Karwar, Jodhpur- Nagaur Highway Road,
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Jodhpur (Raj).
----Respondents
S.B. Civil Writ Petition No. 12591/2018
Man Singh S/o Shri Prem Singh, Aged About 27 Years, 96,
Navdurga Nagar, Jhalamand, Jodhpur (Raj.).
----Petitioner
Versus
1. Dr. Sarvepalli Radhakrishnan Rajasthan Ayurved
University, Karwar, Jodhpur- Nagaur Highway Road,
Jodhpur (Raj.) Through Its Registrar.
2. Registrar, Dr. Sarvepalli Radhakrishnan Rajasthan Ayurved
University, Karwar, Jodhpur- Nagaur Highway Road,
Jodhpur (Raj).
----Respondents
S.B. Civil Writ Petition No. 12594/2018
Om Prakash S/o Shri Bohra Ram, Aged About 30 Years, Village
Basni Benda, District Jodhpur (Raj.).
----Petitioner
Versus
1. Dr. Sarvepalli Radhakrishnan Rajasthan Ayurved
University, Karwar, Jodhpur- Nagaur Highway Road,
Jodhpur (Raj.) Through Its Registrar.
2. Registrar, Dr. Sarvepalli Radhakrishnan Rajasthan Ayurved
University, Karwar, Jodhpur- Nagaur Highway Road,
Jodhpur (Raj).
----Respondents
S.B. Civil Writ Petition No. 12595/2018
Anil Gehlot S/o Late Shri Damodar Lal Gehlot, Aged About 30
Years, House No. 205, Airforce Road, Sharda Park Indira Colony,
Ratanada, District Jodhpur (Raj.).
----Petitioner
Versus
1. Dr. Sarvepalli Radhakrishnan Rajasthan Ayurved
University, Karwar, Jodhpur- Nagaur Highway Road,
Jodhpur (Raj.) Through Its Registrar.
2. Registrar, Dr. Sarvepalli Radhakrishnan Rajasthan Ayurved
University, Karwar, Jodhpur- Nagaur Highway Road,
Jodhpur (Raj).
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----Respondents
S.B. Civil Writ Petition No. 12596/2018
Om Prakash S/o Shri Banshi Lal, Aged About 49 Years, Maderna
Colony, Kalka Mata Mandir Road, Adrak Factory Ke Samne,
District Jodhpur (Raj.).
----Petitioner
Versus
1. Dr. Sarvepalli Radhakrishnan Rajasthan Ayurved
University, Karwar, Jodhpur- Nagaur Highway Road,
Jodhpur (Raj.) Through Its Registrar.
2. Registrar, Dr. Sarvepalli Radhakrishnan Rajasthan Ayurved
University, Karwar, Jodhpur- Nagaur Highway Road,
Jodhpur (Raj).
----Respondents
S.B. Civil Writ Petition No. 12597/2018
Kumbha Ram S/o Shri Shivaji Ram, Aged About 48 Years, Vaya
Lawera Bawdi, District Jodhpur (Raj.).
----Petitioner
Versus
1. Dr. Sarvepalli Radhakrishnan Rajasthan Ayurved
University, Karwar, Jodhpur- Nagaur Highway Road,
Jodhpur (Raj.) Through Its Registrar.
2. Registrar, Dr. Sarvepalli Radhakrishnan Rajasthan Ayurved
University, Karwar, Jodhpur- Nagaur Highway Road,
Jodhpur (Raj).
----Respondents
S.B. Civil Writ Petition No. 12599/2018
Puran Singh S/o Shri Bheem Singh, Aged About 29 Years,
Saraswati Nagar, Om Colony, Madhuban, Jodhpur (Raj.).
----Petitioner
Versus
1. Dr. Sarvepalli Radhakrishnan Rajasthan Ayurved
University, Karwar, Jodhpur- Nagaur Highway Road,
Jodhpur (Raj.) Through Its Registrar.
2. Registrar, Dr. Sarvepalli Radhakrishnan Rajasthan Ayurved
University, Karwar, Jodhpur- Nagaur Highway Road,
Jodhpur (Raj).
----Respondents
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S.B. Civil Writ Petition No. 12600/2018
Madho Singh S/o Shri Dungar Singh, Aged About 31 Years, By
Category General, 90 Rajput Vas, Village Bhagatasani, Post
Kakelav, Vaya Banar, Tehsil Luni, District Jodhpur (Raj.).
----Petitioner
Versus
1. Dr. Sarvepalli Radhakrishnan Rajasthan Ayurved
University, Karwar, Jodhpur- Nagaur Highway Road,
Jodhpur (Raj.) Through Its Registrar.
2. Registrar, Dr. Sarvepalli Radhakrishnan Rajasthan Ayurved
University, Karwar, Jodhpur- Nagaur Highway Road,
Jodhpur (Raj).
----Respondents
For Petitioner(s) : Mr. Nikhil Dungawat, on video call
For Respondent(s) : Mr. Sandeep Bhandawat, on video call
HON'BLE DR. JUSTICE PUSHPENDRA SINGH BHATI
Order 04/08/2020
1. In wake of onslaught of COVID-19, lawyers have been advised to refrain from coming to the Courts.
2. The petitioners have preferred these writ petition (SBCWP No.12599/2018) for the following reliefs :-
"a) by an appropriate writ, order or direction, the respondents may kindly be restrained from removing/ terminating/discontinuing the services of the petitioner and he may be allowed to discharge the duties on the post of Class IV.
b) by an appropriate writ, order or direction, the respondents be directed to regularize the services of the petitioner on the Class-
IV post/or any other equivalent post with all consequential benefits.
c) by an appropriate writ, order or direction, the respondents may be directed to regularize the petitioners' services as similarly situated persons has been regularized by the University (Annex.07) with all consequential benefits. (Downloaded on 11/08/2020 at 08:22:30 PM)
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d) by an appropriate writ, order or direction, the respondents may be directed to regularize the Petitioners' services in terms of the law laid down vide judgments of Hon'ble Court in the identical and similar case/situation of Jitendra Kumar of the Single Bench vide judgment dated 13.12.2013 (Annex.08) as affirmed by the Division Bench vide order dated 18.07.2014 (Annex.09) as well as Hon'ble Apex Court dated 24.11.2014(Annex.10) and in terms of the judgment dated 03.08.2016 (Annex.12) and 21.02.2017 (Annex.13) passed in case of Dr. Vikrant Sharma and implementing the judgment of Hon'ble Apex Court in the case of State of Karnataka Vs. Uma Devi reported in 2006 (4) SCC, Pg-01 and the Respondents may be directed to grant him the minimum of the pay scale of Class- IV till his services are finally absorbed with the Respondent- University and pass appropriate orders.
e) by an appropriate writ, order or direction, the respondents be directed to consider his case for the conferment of regular pay scale of Class-IV post after absorbing him on the said post, looking to his 13 years of unblemished services rendered by him as Class-IV in the Respondent-University and grant him regular pay scale of Class IV as payable to other regular appointment Class-IV with all consequential benefits/service benefits available to regular employees Class-IV of University.
f) Any other appropriate writ, order or direction which this Hon`ble Court may deem just and proper in the facts and circumstances of the case may kindly be passed in favour of the petitioner.
g) Writ petition filed by the petitioner may kindly be allowed with costs."
3. Counsel for the petitioner submits that the petitioners are poor persons who are rendering services since long (about 10 years) with the University, although, they are contractual employees but looking into their length of service they need to considered for regularization.
Counsel for the petitioner submits that one of the employee Mr. Manoj Dave working as contractual employee through the placement agency has been regularized by the University itself. Counsel for the petitioner further submits that Mr. Manoj Dave has (Downloaded on 11/08/2020 at 08:22:30 PM) (7 of 8) [CW-5318/2020] been regularized without any advertisement while he was discharging temporary work of Pre-Ayurvedic Test 2004.
Counsel for the petitioner further submits another case of Jai Narayan Vyas University wherein one person Jitendra Kumar, who was also engaged through placement agency had approached this Court by filing SB Civil Writ Petition No.8660/2011, which was allowed by this Court vide order dated 13.12.2013 and the said judgment has been upheld by Hon`ble Division Bench in D.B. Civil Special Appeal (W) No.354/2014 on 18.07.2014. Counsel for the petitioner has further relied upon the following judgments :-
(1) State of Karnataka & Ors. Vs. ML Kesari [AIR 2010 SC 2587] (2) Amarkant Rai Vs. State of Bihar [AIR 2015 SC (Supp) 1229] (3) Sheo Narian Nagar & Ors. Vs. State of Uttar Pradesh & Anr. [AIR 2018 SC 233] (4) Narendra Kumar Tiwari & Ors. Vs. State of Jharkhant & Ors.
[AIR 2018 SC 3589] Counsel for the petitioner has relied upon precedent law of this Court in the matter of Jai Narayan Vyas University, Jodhpur Vs. Dr. Vikrant Sharma (DB Special Appeal Writ No.7/2017), decided on 21.02.2017).
Counsel for the petitioner further submits that the petitioners cannot be substituted by another set of contractual employees and thus, their representation for regularization and prayer of ancillary reliefs may be considered and decided by the respondents sympathetically and they need to be protected.
4. Counsel for the respondents though opposes the submission on merits but is not averse the idea of the University deciding the representation of petitioners strictly in accordance with law. (Downloaded on 11/08/2020 at 08:22:30 PM)
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5. In light of the limited submissions, this Court disposes of the present writ petition while directing the petitioners to file a representation afresh appropriately taking up their cause of regularization and continuation, which shall be made within a period of four weeks from today.
The petitioner's representation shall be considered and decided by the respondents-University by passing a speaking order. While considering the representation the respondent- University shall keep into consideration the precedent law of this Court in Jai Narayan Vyas University, Jodhpur Vs. Dr.Vikrant Sharma (supra) and other precedent law quoted above. The regularization of Manoj Dave shall be kept in consideration too.
It is further made clear that services of the petitioner(s) shall not be terminated without taking a considered decision on the representation of the petitioner(s). The petitioner shall be at liberty to approach this Court again, if so required.
(DR.PUSHPENDRA SINGH BHATI),J.
116-Sanjay/-
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