SUDHIR PRASAD SINGH Vs. RAJENDRA AGRICULTURE UNIVERSITY

JUDGEMENT

(1.) The writ petition was preferred by petitioners, Sudhir Prasad Singh, Birendra Singh and Onkar Nath Jha for direction on the respondents to consider their cases for regular appointment against non -teaching posts, as advertised by Advertisement nos. 6/98, 8/98 & 9/98 by treating them as casual employees of the Rajendra Agriculture University (University for short) and giving them the weightage in terms with decision of the Supreme Court dated 18.2.1998 passed in the case of Ram Kumar Sharma & ors. vs. Rajendra Agriculture University & ors. [S.L.P. (Civil) no. 18594/94] and analogous cases.

(2.) THE admitted fact shows that the petitioners are working under the University and are not regular employees. While first petitioner, Sudhir Prasad Singh holds qualification of B.Sc. (Agriculture), was initially engaged to function as Research Fellow. He worked in that capacity for the period from 12.3.1984 to 18.12.1992 and then in the capacity of Helper from 19.12.1992 to 31.3.1998 and then as Technical Assistant from 15.5.1998 onwards. Initially, he was paid fixed wages of Rs. 600/ - per month for first two years followed by Rs. 700/ - per month as Research Fellow. Subsequently, he was paid fixed wages @ Rs. 900/ - and Rs. 1400/ -per month while functioning as Helper and technical assistant respectively. The second petitioner, Birendra Singh is B.Sc. (Agriculture) and was engaged as Field Investigator on 23.2.1987 and worked till 4.5.1989 on the fixed wages of Rs. 1000/ - per month. Since 1.5.1990 he is working as Research Fellow on fixed wages of Rs. 1550/ -/Rs. 1500/ - per month. The third petitioner, Onkar Nath Jha is M.Sc. (Ag.) and was engaged as Field Investigator on 4.6.1990 till 31.5.1995 when he was paid fixed wages of Rs. 1600/ - per month/ Rs. 1550/ - per month. Subsequently, he worked as Research Associate for the period from 1.6.1995 to 31.7.1996 in the prescribed scale of Rs. 3300 -3700/ - but since 1.8.1996 he is working as Field Investigator on the fixed wages of Rs. 3000/ - per month. The places of posting of these petitioners under the University and other details have been shown in the writ petition. It appears that the casual employees of the Universities had to move upto the Supreme Court for regularisation of their services, in S.L.R (civil) no. 18594/94 (Ram Kumar Sharma & ors. vs. Rajendra Agriculture University & ors.) and other cases, including writ petition (civil) no. 43/96. In those cases, the Supreme Court taking into consideration the problems faced by the employees passed certain direction for regularisation of services of casual employees, as quoted hereunder :

(3.) THE sole objection raised by the University in not allowing the petitioners to appear in the examination is that the petitioners are not 'casual employees ', being employees engaged on fixed wages. It is for the said reason, when the result sheets of the petitioners produced, therein no marks given towards experience of the petitioners in terms with the decision and direction of the Supreme Court.