REGISTRAR RAJENDRA AGRICULTURE UNIVERSITY Vs. KAUSHLENDRA KUMAR

JUDGEMENT

(1.) This Appeal under Clause 10 of the Letters Patent preferred by the respondent Rajendra Agriculture University (hereinafter referred to as "the University") arises from the judgment and order dated 11th March 2010 passed by the learned single Judge in C.W.J.C. No. No. 645 of 2002.

(2.) The matter at dispute is the selection and appointment made to Class-III service in the University pursuant to the Advertisement No. 8 of 1998.

(3.) On perusal of the records and on hearing the extensive arguments advanced by the learned advocates, it appears that over the time the University had employed a large number of casual employees who were grouped as highly skilled, skilled, semi-skilled and unskilled daily wage employees for various duties to be performed in the University. The question of their regularization in service reached the Hon'ble Supreme Court in SLP (Civil) No. 18594 of 1994. The Hon'ble Supreme Court having considered the issues, allowed the University to fill in 35% of the vacancies in Class-IV service by appointment of casual employees having more than fifteen years of service. For the remaining 65% of the vacancies, the Hon'ble Supreme Court directed that the same shall be filled in by selection and recruitment by following due procedure. Further, the Hon'ble Supreme Court also allowed those casual employees who were not absorbed on 35 % of the vacancies to compete with other applicants. In case of in service applicants, the University was directed to give weightage of 2% for every year of service rendered by them subject to a maximum 30%. As far as Class-III posts were concerned, the Hon'ble Supreme Court observed that the same principle will be followed giving them the same relaxation in age.