Hon’ble Delhi High Court while dealing with a petition here on 06-03-2019 in the case of “R R SHARMA & ANR. v. JAWAHARLAL NEHRU UNIVERSITY & ANR.” stated that no mandamus can be issued unless there are duly sanctioned posts against which appointments are made on irregular basis.
BRIEF FACTS OF THE CASE
Shri R. R. Sharma, (Appellant No.1) an Ex-Serviceman and Shri S C Tiwari (Appellant No.2) were appointed as Mess Manager on contract basis and the services of Shri Sharma was discontinued in June 2012 and of Shri Tiwari in July 2015. Even after working for more than ten years continuously, the salaries of the Mess Managers, Mess Advisors and Maintenance Managers were not increased proportionately as had been done in the case of cooks and helpers. Petitioners made a number of representations to JNU from time to time but to no avail.
Aggrieved by the non-payment of salary of a proper pay scale and non regularisation of the services on the grounds of violation of Articles 14 and 15 of the Constitution of India, the above writ petition was filed.
DECISION OF THE COURT
Hon’ble Court held that no mandamus can be issued unless there are duly sanctioned posts against which appointments are made on irregular basis, for framing a scheme of regularisation of the services of such irregularly appointed persons.
The Court finally declined to issue any direction in that regard.
Read the full Judgement Here:
[embeddoc url=”http://lobis.nic.in/ddir/dhc/SMD/judgement/06-03-2019/SMD06032019LPA812016.pdf”]
