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PETITIONER: JAWAHARLAL NEHRU KRISHI VISHWA VIDYALAYA, JABALPUR, M.P.

       Vs.

RESPONDENT: BAL KISHAN SONI & ORS.

DATE OF JUDGMENT:       07/04/1997

BENCH: K. RAMASWAMY, D.P. WADHWA

ACT:

HEADNOTE:

JUDGMENT:                          O R D E R      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 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.      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 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.      The appeal is accordingly disposed of. No costs.