SBCWP No.2321/99 – Hari Prasad Sharma & others v. Rajasthan Agriculture University & others Date of Order: 05.03.2009 1 of 3 IN THE HIGH COURT OF JUDICATURE FOR RAJASTHAN AT J O D H P U R ::: O R D E R ::: Hari Prasad Sharma & others v. Rajasthan Agriculture University & others S.B. CIVIL WRIT PETITION NO.2321 OF 1999 ::: Date of Order: 05th March, 2009 ::: P R E S E N T HON'BLE MR JUSTICE GOVIND MATHUR Mr Mukesh Vyas, for the petitioners Mr G.R. Punia, Addl. Advocate General Mr Bhuvnesh Sharma for Mr M.S. Singhvi, for respondents BY THE COURT: While working as daily rated employees with the respondent University, petitioners by way of filing various petitions for writ before this Court claimed for regularisation of their services. Those petitions came to be accepted by this Court vide judgment dated 31st January, 1994, along with SBCWP SBCWP No.2321/99 – Hari Prasad Sharma & others v. Rajasthan Agriculture University & others Date of Order: 05.03.2009 2 of 3 No.5973/1992- Sri Kant Modak v. Rajasthan Agricultural University, Bikaner. By the judgment aforesaid, a direction was given to the respondent University in following terms: “In the result, the writ petitions, filed by the petitioners are allowed and the respondents are directed to accord these petitioners, who are performing the same duties as the other regularly employed Class IV employees are performing, the same salary as is being paid to the other regularly appointed Class IV employees with effect from the date of institution of these writ petitions and the respondents are further directed to consider districtwise their cases for regularisation within a period of three months from today against the existing vacancies and thereafter as and when the vacancies become available with the respondents, the cases of the remaining petitioners for regularisation may be considered”. A Division Bench of this Court by its order dated March 08th, 1995 while disposing of various appeals preferred by the respondent University giving challenge to judgment dated 31st January, 1994, modified the directions given by learned Single Judge regarding payment of wages and entitlement of petitioners was settled in following terms: “... However, those persons whose services have not been regularised, they are no better than workcharge employees and their claims about wages and other conditions of service will be governed by the Industrial Disputes Act. However, this option is left open to them to claim their wages according to the Scheme framed by the University. It is their own Scheme. That Scheme has no statutory force. But as it has SBCWP No.2321/99 – Hari Prasad Sharma & others v. Rajasthan Agriculture University & others Date of Order: 05.03.2009 3 of 3 been promulgated by them, the employees can take advantage of it.” The petitioners stood regularised in the services of the University as per Scheme framed by the University. However, they are claiming regular pay scale in this petition for writ from the date of filing of earlier petitions for writ by them, stood decided on 31st January, 1994. I do not find any merit in the claim so made, as the Division Bench in quite unambiguous terms by its order dated 08th March, 1995 while deciding the Special Appeals preferred by the University made it clear that persons like present petitioners stand on no better pedestal than work-charge employees and they can claim their wages and other conditions of service as per Scheme framed by the University. The University made payment of wages to the petitioners as per the Scheme applicable and this fact is not in dispute. In view of relief modified by the Division Bench, as referred above, the claim of petitioners is not sustainable. Accordingly, the petition for writ is dismissed. [GOVIND MATHUR],J. mma