Full Judgment Text
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PETITIONER:
JAWAHARLAL NEHRU KRISHI VISHWA VIDYALAYA, JABALPUR, M.P.
Vs.
RESPONDENT:
BAL KISHAN SONI & ORS.
DATE OF JUDGMENT: 07/04/1997
BENCH:
K. RAMASWAMY, D.P. WADHWA
ACT:
HEADNOTE:
JUDGMENT:
O R D E R
Leave granted.
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.
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 co-terminus
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. Therefor, 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 the said post is
directed to be paid.
The appeal is accordingly disposed of. No costs.