Ram Pravesh Yadav v. The Chancellor

---------------------------------- For the Petitioners : M/s Umesh Pathak, Nitolpal Ganguly, Basank Kumar Mishra and Sanjay Kumar Mishra, Advocates. For the Respondents : Mr.Chandra Mohan Singh,Adv. ----------------------------------

2. 11/01/2012 Matters relate to compliance of the orders of the Hon’ble Supreme Court passed in S.L.P.(C) No.18594 of 1994. The said S.L.P. was disposed of by order dated

18.2.1998, copy whereof is Annexure-1 with C.W.J.C.No.402 of 2012. While disposing of the S.L.P., Hon’ble Supreme Court had formulated a Scheme for consideration of cases of casual workers working in Rajendra Agricultural University at that point of time for their absorption in regular University service. As per the Scheme, 35% vacancies had to be filled up from casual workers on the basis of their seniority. Rest 65% vacancies were to be filled up from open market in which left over casual workers were also eligible to apply and were entitled to weightage as per the period of their casual service etc. Hon’ble Supreme Court had directed the University to 4 complete the process within six months. Grievance of the petitioners of these cases is that the University has not completed the process till now and has not considered the cases of the petitioners as per the Scheme formulated by the Hon’ble Supreme Court. Learned counsel also referred to an order of the Chancellor of the University dated 14.2.2006, annexed as Annexure-2 with the writ application, wherein the Chancellor had noticed that for almost eight years process has not been completed by the University and therefore University was directed to fill up all the vacant posts as mentioned in the order immediately. It is an admitted fact that inspite of this order also process has not been completed till today. Clearly, University officials are in contempt of the Hon’ble Supreme Court. Learned senior counsel University has drawn the attention of this Court to an order passed by a Division Bench of this Court on 15.3.2011 in a batch of appeals led by L.P.A.No.147 of 2011, wherein 5 the Division Bench has also directed the University complete process preferably within six months. He submits that subsequently the Division Bench has extended the time for completing the process till March, 2012. He also submits that the matter is held up at the stage of the Government for roster clearance. This is a matter between the State Government and the University. If, for compliance of the orders of the Hon’ble Supreme Court as per the Scheme laid down by it, any roster clearance was required, the University should have taken it from the State Government long back. The fact is that there is abnormal delay by the University at some level or the other due to which orders of the Hon’ble Supreme Court have not been complied with for almost 12 years. As stated earlier, University officials are already in contempt of the Hon’ble Supreme Court. However, this has to be considered by the Hon’ble Supreme Court as and when any party raises the issue there. These writ applications are disposed of with a direction to the University to 6 complete the process positively within the time extended by the Division Bench of this Court and to consider the cases of the petitioners in accordance with law in whichever category they fall as per the Scheme laid down by the Hon’ble Supreme Court. Pradeep/ ( J. N. Singh,J.)