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Jawaharlal Nehru Krishi V. Vidyalaya v. Bal Kishan Soni

Jawaharlal Nehru Krishi V. Vidyalaya
v.
Bal Kishan Soni

(Supreme Court Of India)

Civil Appeal No. 2888 Of 1997.[Special Leave Petition (Civil) No. 25136 Of 1996] | 07-04-1997

K. Ramaswamy, J.

1. Leave granted.

2. This appeal by special leave arises from the order of the High Court of Madhya Pradesh passed in Misc. Petition No. 2935 of 1986 on 9th February, 1995 and the order passed in Review Petition (MCC No. 461 of 1995) dated 12th July, 1996. On a Scheme sponsored by the Indian Council of Agricultural Research, the appellant-institute had taken up the Project. As many as 625 posts were created in different scales. The respondents while working as Binders, Machine Operators & Class IV employees respectively in the regular pay-scales of Rs. 750-945, filed a writ petition in the High Court for regularisation of their service. By the impugned order, the High Court allowed the writ petition. Feeling aggrieved, the appellant-institute has filed this appeal by special leave.

3. It is not in dispute that the Scheme is sponsored by Indian Council of Agricultural Research and, therefore, permanent posts cannot be created. The posts are coterminus with the scheme. On abolition of the Scheme, posts also necessarily stand abolished. We are informed that the Scheme may continue to be in force, but it depends upon the Scheme being sponsored and the posts made available by the Indian Council of Agricultural Research. Therefore, the direction to regularise the services is violative of their right to posts. The order of the High Court to that extent is modified. On whatever posts the respondents are working and discharging their duty, the scale of pay of the said post is directed to be paid.

4. The appeal is accordingly disposed of. No costs.

Advocates List

For the Appellant - Mr. G.C. Gupta, Senior Advocate, with Mr. S.K. Bandhyopadhyay and Mr. C.L. Sahu, Advocates. For the Respondents - Mr. T.G. Narayanan Nair, Advocate.

For Petitioner
  • Shekhar Naphade
  • Mahesh Agrawal
  • Tarun Dua
For Respondent
  • S. Vani
  • B. Sunita Rao
  • Sushil Kumar Pathak

Bench List

HON'BLE MR. JUSTICE K. RAMASWAMY

HON'BLE MR. JUSTICE D.P. WADHWA

Eq Citation

(1997) 5 SCC 86

[1997] 3 SCR 688

(1997) SCC (LS) 1119

JT 1997 (4) SC 724

1997 (3) SCALE 674

1997 (4) SLR 15

LQ/SC/1997/665

HeadNote

A. Service Law — Regularisation — Direction to regularise services — Held, is violative of their right to posts — However, respondents directed to be paid scale of pay of the post they are working and discharging their duty — Posts created on scheme sponsored by Indian Council of Agricultural Research — Posts co-terminus with scheme — On abolition of scheme posts also necessarily stood abolished — Hence, held, permanent posts could not be created

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