LAWS(MPH)-2006-2-68

RAJVEER SINGH SENGAR Vs. JIWAJI UNIVERSITY

Decided On February 06, 2006
RAJVEER SINGH SENGAR Appellant
V/S
JIWAJI UNIVERSITY, GWALIOR Respondents

JUDGEMENT

(1.) Shri Rajeev Raghuvanshi, counsel for the petitioner. Shri Tapan Trivedi, counsel for university.

(2.) Petitioner has filed this petition being aggrieved by action of the University in not considering his case for regularisation. Petitioner contends that he was appointed as a daily wages employee in the class IV category on April 10, 1990. Since then he is working continuously in the University, persons who are less qualified than him and junior to him have been regularized and promoted to class III, his case has not been considered. The petitioner was initially appointed for a period of 89 days against the post of Chowkidar. It is the case of the petitioner that ever (sic) since appointment he is still working in the class III category. He is discharging clerical nature of duties and his pay fixed on Rs. 2550/- per month. Ignoring his claim persons who are juniors to him like Banwarilal appointed in 1993 and Shri Durjan Singh have been regularized but his claim for regularisation has not been considered and even now he is kept as daily rated. Inter alia contending that regularisation of the juniors without considering his case is illegal. Petitioner seeks relief in the matter, by bringing on record certain resolution passed by the screening committee of the University in the matter of regularisation of other employees like Banwarilal and Durjan Singh it is submitted that petitioner is also entitled to be regularized when his juniors have been regularized in service.

(3.) Shri Tapan Trivedi, learned counsel for respondent refuted the aforesaid and it is stated by him that petitioner cannot compare his case with the other employees. It stated that they were appointed in class III post and are having requisite qualification, their cases were considered by screening committee and on the basis of recommendation they have been regularized in class III. Similarly Murarilal Kushwaha is appointed in Class III and he has been regularized on the Class II post on the basis of recommendation of the committee whereas petitioner is working as a Class IV employee and therefore he is not entitled to be regularized in a clerical post, accordingly it stated that no relief can be granted.