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Rajasthan High Court - Jodhpur

Deepak Dave vs Jai Narayan Vyas University Jod. & Ors on 13 December, 2017

Author: Arun Bhansali

Bench: Arun Bhansali

     HIGH COURT OF JUDICATURE FOR RAJASTHAN AT
                      JODHPUR
              S.B. Civil Writ Petition No. 13760 / 2015
Deepak Dave S/o Late Shri Mona Lal Dave, Aged about 46 years,
R/o Mahalaxmi ka Mandir, Jaloriyo ka Bass, Nagori Gate, District
Jodhpur, Rajasthan
                                                          ----Petitioner
                               Versus
1. Jai Narayan Vyas University Jodhpur through its Registrar
2. Registrar, Jai Narain Vyas University,Jodhpur, Rajasthan
3. Director, Academic Staff College, Jai Narain Vyas Universtiy,
Jodhpur Rajasthan.
                                                      ----Respondent
_____________________________________________________
For Petitioner(s)   : Mr. Dhirendra Singh
For Respondent(s) : Mr. Mukesh Rajpurohit
_____________________________________________________
            HON'BLE MR. JUSTICE ARUN BHANSALI

Order 13/12/2017 This writ petition has been filed by the petitioner seeking a direction to the respondents to regularize the services of the petitioner with all consequential benefits.

Learned counsel for the petitioner submits that the issue raised in the present writ petition is squarely covered by the judgment of this Court in S.B.Civil Writ Petition No. 8660/2011 (Jitendra Kumar Vs. JNVU, Jodhpur & Ors.) decided on 13.12.2013, which judgment has been upheld by the Division Bench in JNVU, Jodhpur Vs. Jitendra Kumar D.B Civil Special Appeal No. 354/2014 decided on 18.07.2014 and Special Leave Petition arising from the Division Bench Judgment, has been rejected by the Hon'ble Supreme Court on 24.11.2014.

(2 of 2) [CW-13760/2015] Learned counsel for the respondent-University though tried to distinguish the judgment in the case of Jitendra Kumar, however he has not been able to place any material on record to indicate any distinctive features in the case of the Jitendra Kumar (supra).

In view of the above, the writ petition filed by the petitioner, is allowed in light of judgment in the case of Jitendra Kumar (supra), with the same relief, wherein the following directions were given :

"Consequently, the present writ petition is allowed and the respondents are directed to regularize the services of the petitioner and pass appropriate suitable order awarding him consequential benefits within a period of three months from today. No order as to costs.'' (ARUN BHANSALI)J. Surabhii/202