Nehru Krishi Vishwa Vidyalaya, Jabalpur, M.P.
Vs. Bal Kishan Soni & Ors  INSC 400 (7 April 1997)
RAMASWAMY, D.P. WADHWA
O R D
E R Leave granted.
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 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 the High Court for regularisation of their service, by the impugned
order, the high Court allowed the writ petition, feeling aggrieved,, the
appellant-institute has filed this appeal by special leave.
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 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 Agricultural Research. Therefor, the direction to regularise
the services is violative 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 their duty, the scale of pay the said post is directed to be paid.
appeal is accordingly disposed of. No costs.