J.P.SHARMA Vs. JAWAHAR LAL NEHRU UNIVERSITY

JUDGEMENT

(1.) IN this writ petition two basic reliefs are claimed. First is for regularization of the petitioners and second is for granting them scale of pay which is being given to Cooks and Helpers.

(2.) AS per the writ petition, it is not disputed that petitioners were employed on contractual basis. The issue is that can persons such as the petitioners who have not been appointed through the regular recruitment process seek regularization or claim a higher pay.

(3.) THE writ petition does not contain averments as to there existing any sanctioned post and petitioners being appointed through regular recruitment process. Counsel for respondent No.2/UGC, in fact, states that there are no sanctioned posts with respect to Mess Managers/Advisors/Maintenance Manager in the respondent No.1 University. Since the Constitution Bench of Supreme Court in Uma Devi's case (supra) has said that backdoor entry cannot be given to public employments inasmuch as millions are waiting for public employment through the regular recruitment process, petitioners cannot seek regularization and, therefore, this prayer of the petitioners is rejected.