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Civil · Reportable judgment

Jai Narain Vyas University, Jodhpur and Anr. vs Mukesh Sharma etc. etc.

Court
Supreme Court of India
Date
28 March 2022
Case No.
Civil Appeal Nos. 2096-2198 of 2022
Result
Partly allowed
Bench
M.R. Shah, B.V. Nagarathna
Citation
[2022] 1 S.C.R. 842 : 2022 INSC 351
Supreme Court Reports [2022] 1 S.C.R. 842 : 2022 INSC 351
Headnote

Service Law – Regularization – Consequential benefits – Respondents-writ petitioners, were working on different posts in appellant-University for 15 to 30 years, on contractual / daily wage basis – They prayed for regularizing their services on ground of parity with similarly situated employees who were confirmed and were also granted regular pay scale – Writ petitions – High Court directed the University to regularize the services of respondents with all consequential benefits – Held: No reason to interfere with the judgment passed by High Court granting regularization – However, on facts, to meet the ends of justice, the actual consequential benefits accruing from the regularization restricted to three years prior to filing of the writ petitions. Partly allowing the appeals, the Court

HELD: These writ petitions were filed in the year 2018/2019. In order to see that there is no heavy financial burden upon the University and at the same time to strike a balance and considering the fact that the respective original writ petitioners have worked for more than 15 to 30 years, if it is ordered that the actual consequential benefits on regularization of their services are restricted to three years prior to filing of the writ petitions, while they are granted the benefit of regularization notionally and with continuity of the service from the date on which the other similarly situated employees were regularized, it will meet the ends of justice. [Para 4][845-E-G]

As published in the Supreme Court Reports, Supreme Court of India. Text from the Indian Supreme Court Judgments open data set (Dattam Labs), CC BY 4.0.

Full Judgment Text

The Judgment of the Court was delivered by M. R. SHAH, J. 1. Feeling aggrieved and dissatisfied with the impugned judgment and order passed by the High Court of Judicature for Rajasthan at Jodhpur in D.B. Spl. Appl. Writ No. 347 of 2019 and other allied writ appeals by which the Division Bench of the High Court has dismissed the said appeals and has confirmed the judgment and order passed by the learned Single Judge passed in respective writ petitions by which the learned Single Judge allowed the said writ petitions and directed the appellant University to regularize their services with all
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