KAVITA AGRAWAL Vs. VIKRAM VISHWAVIDYALAYA

JUDGEMENT

(1.) THIS petition has been filed by the petitioners Ms. Kavita Agrawal and Smt. Sulekha Hingad being aggrieved by regularization of 51 daily wage workers in the Vikram Vishwavidyalaya, Ujjain.

(2.) COUNSEL for the petitioners has vehemently urged the fact that the regular pay scale as well as the appointment of 51 daily wage workers were granted in contravention of Article 14 of Constitution of India; besides it is against the directions of the Apex Court in the matter of State of Himachal Pradesh v. Suresh Kumar Verma : AIR 1996 1565 JT 1996 (2) 455 and the circular of State Government of Madhya Pradesh dated 1/11/2004. It is also violated the principles of natural justice and provisions of the M.P Vishwavidyalaya Adhiniyam . 1973.

(3.) CONSIDERING the reply filed by the respondents, Counsel for the respondents has submitted that the petition has been filed on a very general ground and suffered on the ground of non- joinder of necessary parties since the petition will affect 51 employees of the University and these employees are necessary parties, but they have not been either noticed or made parties to the Writ Petition. Counsel also refuted the fact that the respondents have not made any fresh appointments and the 51 employees were not daily wagers. Some of them were regular employees, who were promoted; some of them were on fixed pay and some of them were daily wagers, who were working in the University for a considerably long period. Hence, the regularization of these employes is valid and legal with the provisions of law. Besides the impugned order was passed in favour of general welfare of the large number of employees.