NYAS EMPLOYEES UNION JODHPUR Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) THIS is a special appeal directed against the judgment of the learned Single Judge dated 28.5.1991.

(2.) THE brief facts, which are necessary for the convenient disposal of this appeal, are that the petitioner Vyas Employees Union has filed a writ petition under Article 226 of the Constitution of India with the prayer that the members of the Association may be given salary in the regular scale of pay on the basis of principle of equal pay for equal work from the date of their initial appointment with consequential benefits. It is also prayed that the respondents may be directed to regularise the services of the members of the petitioner Association on their respective posts with effect from the date of their initial appointment.

(3.) THE main grievance of the learned Counsel for the appellant is that a direction for regularisation of all the members of the Association as detailed in Schedule 'A' should be given, as they have been in the service of the Trust for number of years and some of them have even become over age. It is alleged that some of the members of the Association are in service of the Trust for the last 8 years and some are for varying periods. Therefore, it is prayed that a direction should be given for regularisation of the services of these incumbents. In support thereof learned Counsel has invited our attention to Narender Chadha and Ors. v. Union of India and Ors. : [1986]1SCR211 S.M. Hamilton v. All India Institute of Medical Sciences. 1990 (3) SCC 39, Bhagwati Prasad v. Delhi State Mineral Development Corporation : (1990)ILLJ320SC , All Manipur Regular Posts Vacancies Substitute Teachers' Association v. State of Manipur : AIR1991SC2088 , State of U.P. and Ors. v. Sant Lal : AIR1991SC1824 , N.S.K. Nayar and Ors. v. Union of India and Ors. : AIR1992SC1574 , Karnataka State Private College Stop -Gap Lecturers Association v. State of Karnataka and Ors. and Jacob M. of Puthuparambil and Ors. v. Kerala Water Authority and Ors. : (1991)IILLJ65SC .