- (1.) The petitioner by this writ petition has prayed that the respondent University may be directed absorb the petitioner in the service of the University of Udaipur in the same manner in which the persons junior to the petitioner have been so appointed with all consequential benefits.
(2.) The petitioner came to be appointed as Research Assistant in the Agriculture Department of the Government of Rajasthan. The Government of Rajasthan decided to transfer the services of the Government servants employed in the Research Schemes to the University of Udaipur and for this purpose options came to be invited from the employees working in the Research Schemes. The petitioner opted for the services of the, University. On 10.6.1977 the services of the petitioner came to be placed at the disposal of the University of Udaipur with immediate effect by the order Annex. 1 dated 10.6.1977. The name of the petitioner appear at item No. 9 of part II of this order. The University did not absorb the petitioner permanently. Therefore, the petitioner made a representation on 12.10.1977 and 15.11.1977 to the Government of Rajasthan. The Director, Agriculture Experiment Station, University of Udaipur, Udaipur wrote to the Director of Agriculture, Rajasthan, Jaipur vide letter dated 25.1.1978 that the vacancies have been filled in by regularly selected candidates by the University therefore, they are unable to absorb the petitioner. The petitioner protested against this and the Director of Agriculture, Rajasthan wrote a letter dated 7.12.1978 to the Director of Agriculture Experiment Station, Udaipur requesting that the petitioner may be posted in place of Shri Srinarain Saini, but without any result. Then again a representation was filed and a protract correspondence transpired between the Government of Rajasthan and the University of Udaipur but without any result. Therefore, the petitioner was driven to file the present writ petition.
(3.) A reply was filed by the University and the stand taken by the University was that certain Research Schemes which were under the control and management of the State of Rajasthan was transferred to the University of Udaipur and the employees who were working under those schemes were sent on deputation to the University. It is submitted that the petitioner was not employed in those Research Schemes of the State of Rajasthan which were transferred to the University. Therefore, the petitioner could not be absorbed. The petitioner was working in D.P.A.P. Scheme at Pali of the Government of Rajasthan which was not transferred to the University of Udaipur. Therefore, the petitioner was not appointed by the University.;