MAHARANA PRATAP UNIVERSITY OF AGRICULTURE & TECHNOLOGY, UDAIPUR Vs. DINESH YADAV AND ANOTHER
LAWS(RAJ)-2018-4-128
HIGH COURT OF RAJASTHAN
Decided on April 04,2018

Maharana Pratap University Of Agriculture And Technology, Udaipur Appellant
VERSUS
Dinesh Yadav And Another Respondents

JUDGEMENT

GOPAL KRISHAN VYAS,J. - (1.) The instant appeal has been filed by the appellant Maharana Pratap University of Agriculture and Technology, Udaipur under Rule 134 of the Rajasthan High Court Rules read with Article 225 of the Constitution of India against the judgment dated 5.12.2017 passed by the learned Single Judge in SBCWP No. 603/2015 (Dinesh Yadav v. Maharana Pratap University of Agriculture and Technology, Udaipur and Anr.) whereby the learned Single Judge allowed the writ petition and issued direction to the appellant University to consider the case of the respondent-petitioner for appointment on compassionate ground on the post of Class IV employee within a period of three months.
(2.) As per facts of the case, the respondent-petitioner's father Ram Karan was appointed in the appellant University on 29.10.1987 and worked in the appellant University till his death. The appellant University issued a seniority list of those employees who completed 10 years of service on 20.10.2004. In the said list, the respondent-petitioner's father is granted regular pay scale on completion of 10 years of service in the pay scale of Rs. 1925-4-2125-45-2395. The said office order (Annex.1) was passed in accordance with the Welfare Scheme of 1990 frame by the appellant University.
(3.) It is worthwhile to submit that industrial dispute was raised by late Ram Karan, father of the respondent-petitioner when he was discontinued from service w.e.f. 1.9.1990. The said industrial dispute was raised through Union known as Majdoor Kishan Sabha Trade Union in which an award was passed on 14.8.2003 whereby directions were issued by the Industrial Tribunal, Kota to reinstate the respondent-petitioner's father Ram Karan with continuity of service and 25% back wages. The said award was passed on 14.8.2003 whereby number of persons were reinstated in service, who were illegally terminated from service.;


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