Case Note & Summary
The dispute arose from a writ petition filed by the respondents, who were working as Binders, Machine Operators, and Class IV employees under a scheme sponsored by the Indian Council of Agricultural Research. They sought regularization of their services, which led to the High Court of Madhya Pradesh allowing their petition. The appellant, Jawaharlal Nehru Krishi Vishwa Vidyalaya, challenged this order, arguing that the posts created under the scheme were co-terminus and could not be regularized. The Supreme Court noted that the posts were temporary and dependent on the continuation of the scheme, which could be abolished at any time. Therefore, the direction for regularization was deemed violative of the nature of the posts. The Court modified the High Court's order, allowing the respondents to be paid according to the scale of pay for the posts they were currently occupying, but not granting regularization. The appeal was disposed of without costs.
Headnote
A) Employment Law - Regularization of Service - Co-terminus Nature of Posts - Not applicable under the scheme sponsored by Indian Council of Agricultural Research - The High Court's order to regularize the services of the respondents was found to be violative of the nature of the posts, which are temporary and dependent on the scheme's continuation. The Supreme Court modified the High Court's order, directing that the respondents be paid according to the scale of pay for the posts they are currently occupying. Held that regularization is not permissible as the posts are not permanent (Paras Not mentioned).
Issue of Consideration
Whether the respondents are entitled to regularization of their services in light of the co-terminus nature of the posts created under the scheme.
Final Decision
The Supreme Court modified the High Court's order, directing that the respondents be paid according to the scale of pay for the posts they are currently occupying, but denied regularization of their services.
Law Points
- Regularization of service
- Co-terminus posts
- Employment rights
