'Umadevi' Judgment Doesn't Absolve Duty To Comply With Earlier SC Judgment Directing Regularization: Supreme Court To Anand University

The Supreme Court observed that the judgment in Umadevi case does not absolve the Anand Agricultural University of its duty to comply with the direction in an earlier judgment.

Eligible daily wagers in accordance with the scheme have been eagerly awaiting regularization as per the judgment of this Court in Gujarat Agricultural University's case, the bench of Justices L. Nageswara Rao and Aniruddha Bose observed while dismissing the appeal filed Anand Agriculture University.

By a judgment in 2001 in Gujarat Agricultural University vs. Rathod Labhu Bechar,  the Supreme court had directed  phase wise regularization of daily wagers. he scheme proposed by the university was approved by this Court subject to certain modifications suggested. Later, writ petitions were filed in the High Court of Gujarat seeking regularization in accordance with the scheme. The High Court allowed their writ petitions and directed the University to treat them as permanent employees from the date they have completed 10 years of service as daily wagers.

Challenging this judgment, the University approached the Apex Court contending that after the judgment in Secretary, State of Karnataka and Ors. vs. Umadevi and Ors. 2 , the respondents are not entitled for regularization as there are no sanctioned posts available. The judgment in Gujarat Agricultural University (supra) does not survive after the judgment in Umadevi, it was urged.

Referring to Umadevi's case, the bench noticed that it was held that regularization as a one-time measure can only be in respect of those who were irregularly appointed and have worked for 10 years or more in duly sanctioned posts.

"However, in the instant case the respondents are covered by the judgment of this Court in Gujarat Agricultural University (supra). This Court approved the proposed scheme of the State of Gujarat and directed regularization of all those daily wagers who were eligible in accordance with the scheme phase-wise. The right to be regularized in accordance with the scheme continues till all the eligible daily-wagers are absorbed. Creation of additional posts for absorption was staggered by this Court permitting the appellant and the State of Gujarat to implement the scheme phase-wise. We are not impressed with the submissions made on behalf of the university that the judgment of this Court in Umadevi's case overruled the judgment in Gujarat Agricultural University (supra). The judgment of this Court in Gujarat Agricultural University (supra) inter partes has become final and is binding on the university. Even according to Para 54 of Uma Devi's case, any judgment which is contrary to the principles settled in Umadevi shall be denuded of status as precedent. This observation at Para 54 in Umadevi's case does not absolve the university of its duty to comply with the directions of this Court in Gujarat Agricultural University (supra)", the Court said upholding the judgment of the High Court.

Case: Vice Chancellor Anand Agriculture University vs. Kanubhai Nanubhai Vaghela [CA 4443 of 2021]
Coram:  Justices L. Nageswara Rao and Aniruddha Bose
Citation: LL 2021 SC 327

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