JAWAHARLAL NEHRU KRISHI VISHWA VIDYALAYA, JABALPUR, M.P.versusBAL KISHAN SONI AND ORS.
- Citation
- 1997 INSC 383
- Decided
- 7 April 1997
- Disposal
- Leave Granted & Disposed off
Holding
Posts created under a scheme sponsored by the Indian Council of Agricultural Research are co‑terminus with the scheme and cannot be regularised as permanent; upon abolition of the scheme, the posts stand abolished, and only the applicable pay scale for duties performed may be paid.
Summary
The Jawahar Lal Nehru Krishi Vishwavidyalaya had undertaken a project under a scheme sponsored by the Indian Council of Agricultural Research (ICAR), creating 625 posts that were co‑terminus with the scheme. Employees working as binders, machine operators and Class IV staff filed a writ petition in the Madhya Pradesh High Court seeking regularisation of their services. The High Court allowed the regularisation, prompting the Institute to appeal before the Supreme Court. The Court held that because the posts were created under a scheme that could be discontinued, they could not become permanent and therefore could not be regularised upon the scheme’s abolition. Consequently, the Court modified the High Court order, directing that the respondents continue to receive the scale of pay applicable to the posts they are presently performing, but not granting permanent status. The appeal was disposed of without costs.
Issues considered
- Whether posts created under an ICAR‑sponsored scheme are permanent and can be regularised after the scheme is abolished
- Whether the High Court's order directing regularisation of such employees is legally valid
Subjects
Judgment
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,
688
JAWAHAR LAL NEHRU KRISHI VJSHWA VIDYALAYA v. B.K. SONI 689
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.
T.N.A. Appeal disposed of.
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