Supreme Court of India
JAWAHARLAL NEHRU KRISHI VISHWA VIDYALAYA, JABALPUR, M.P. versus BAL KISHAN SONI AND ORS. on 7 April 1997
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A JAWAHARLAL NEHRU KRISHI VISHWA VIDYALAYA, JABALPUR, M.P. v. BAL KISHAN SONI AND ORS.
APRIL 7, 1997
B (K. RAMASWAMY AND D.P. WADHWA, JJ.)
Service Law-Work charge project-Employees-Regularisation claim-Scheme sponsored by Indian Council of Ag1icultural Research-Post C co-tenninus with scheme-Wlit for reguladsation filed by e111ployees allowed by High Cowt-Appeal by appellant-lnstitute-fleld the posts are co-ter-minus with the sche111e-On abolition of the scheme, posts also 11ecessa1ily stand abolished-The order of the High Coitlt to that extent is modified-On whatever posts the respondents are working and discharging their duty, the scale of pay of the said post is directed to be paid.
D
CIVIL APPELLATE JURISDICTION : Civil Appeal No. 2888 of 1997.
From the Judgment and Order dated 12.7.96 of the Madhya Pradesh E High Court in M.C.C. No. 461 of 1995.
G.C. Gupta, S.K. Bandhyopadhyay and C.L. Sahu for the Appellant.
T.G. Narayanan Nair for the Respondents.
The following Order of the Court was delivered : F
Leave granted.
This appeal by special leave arises from the order of the High Court of Madhya Pradesh passed in Misc. Petition No. 2935 of 1986 on 9th February , 1995 and the order passed in Review Petition (MCC No. 461 of G 1995) dated 12th July, 1996. On a Scheme sponsored by the Indian Council of Agricultural Research, the appellant-institute had taken up the Project. As many as 625 posts were created in different scales. The respondents while working as Binders, Machine Operators & Class IV employees respectively in the regular pay-scales of Rs. 750-945, filed a writ petition in H the High Court for regularisation of their service, By the impugned order, the High Court allowed the writ petition. Feeling aggrieved, the appellant- A institute has filed this appeal by special leave.
It is not in dispute that the Scheme is sponsored by Indian Council of Agricultural Research and, therefore, permanent posts cannot be created. The posts are co-terminus with the scheme. On abolition of the Scheme, posts also necessarily stand abolished. We are informed that the B Scheme may continue to be in force; but it depends upon the Scheme being sponsored and the posts made available by the Indian Council of Agricul-tural Research. Therefore, the direction to regularise the services is viola-tive of their right to posts. The order of the High Court to that extent is modified. On whatever posts the respondents are working and discharging C their duty, the scale of pay of the said post is directed to be paid.
The appeal is accordingly disposed of. No costs.
Appeal disposed of.
T.N.A.