ORDER Rajaratnam, C.J. -- 1. The employees of Jawahar Lal Nehru Krishi Vishvavidyalaya, Jabalpur (hereinafter referred to as the 'University') approached the learned Single Judge in a batch of writ petitions for regularization of their service. 2. The learned Single Judge, after analyzing each case and relying on the pronouncements of the Supreme Court directed the University to prepare a seniority list on the basis of total length of service of all qualified persons for the post of Lower Division Clerk and to regularise them on the basis of seniority. The learned Single Judge further directed the Class IV employees working in the University to regularise them in accordance with their seniority counted on the basis of total length of service. The University has beer further directed to consider the matter of creation of posts in the light of decision of the Hindustan Machine Tools and others v. M. Rangareddy and others [ (2000) 7 SCC 741 ]. 3. Aggrieved by the judgment of the learned Single Judge, dated 10.1.2002, the University has preferred LPA No. 124/2002, 131/2002, 132/2002, 133/2002, 134/2002, 135/2002, 136/2002 and 314/2002 and the employees have preferred LPA No. 442/2002, 443/2002 444/2002 and 767/2002. The LPAs preferred by the University and the employees are taken up together and common order is passed since they arise out of a common order passed by the learned Single Judge. 4. Shri P.N. Dubey, learned counsel for the University vehemently submitted that the University is involved in imparting education to the students of Agriculture and Veterinary Sciences and in conducting important research work in these disciplines. According to the University, large number of labourers are employed a seasonal labourers and continue for a long time. The University could have no grievance in complying with the order of the learned Single Judge but the difficulty faced by the University is that the State Government has refused to release additional funds. However, as one-time humanitarian measure, the University created about 625 posts in the time scale of labourers in the pay scale of Rs. 725-900 as a dying cadre, to be maintained out of contingency funds and strictly on the basis of seniority. However, as one-time humanitarian measure, the University created about 625 posts in the time scale of labourers in the pay scale of Rs. 725-900 as a dying cadre, to be maintained out of contingency funds and strictly on the basis of seniority. It was submitted that the learned Single Judge has erred in relying upon the certificates, which have beer specifically refuted by the University Once there is no sanctioned cadre, it was submitted, there are no funds available with the University and the University cannot be put to further jeopardy. It was further submitted that the State has flatly refused to give any funds for the same. 5. We have heard Shri P.N. Dubey, learned counsel for the University, Shri R.S. Jha, learned Additional Advocate General for the State and Shri Prashant Single, learned counsel for the employees. 6. In view of the financial crunch suffered by the University and in view of the fact that many of the employees have been serving for a number of years with the University, a broad consensus has beer arrived at. This is the only way to save the situation. If there is no money in the coffers of the University, any amount of reliefs granted to the employees, however justified they may be on the basis of pronouncement of the Supreme Court, will be of no avail unless the State Government pumps in more money to meet this crisis We feel that without delving into whether the employees have been appointed arbitrarily or not, the fact remains that the employees have put in more than 5 year of service. The allegation of the employee is that the University claims one thing in Court and does another thing outside. According to the employees, even today the employees are being recruited only to flush out the existing employees. It is also not the case of the University that there was no work load, although it may be true that there were no sanctioned posts. 7. Any order the Court passes must be implementable and in the absence of the State Government coming forward to rescuing of the employees of the University, what the Court must do is to evolve realistic balance between the interest of the employees and the financial crunch of the University. 7. Any order the Court passes must be implementable and in the absence of the State Government coming forward to rescuing of the employees of the University, what the Court must do is to evolve realistic balance between the interest of the employees and the financial crunch of the University. In this regard, the University has assured before this Court that the employees who have been temporarily appointed and have been working for more than 5 years shall not be terminated. The further assurance was given by the University that there shall be no appointment of Class IV employees be direct recruitment as long as the employees who are already employed are not regularized, subject to their being qualified on the date of entry or during the period of employment. 8. It was further submitted by the University that as far as regularization is concerned, there has been a list of the temporary employees who have been working in the University, to be regularized. The list consists of total 354 employees. 9. After hearing the learned counsel for the University, the learned Additional Advocate General for the State and Shri Prashant Singh, learned counsel for the employees and on a broad consensus, we pass the following order: (i) We record the assurance given by the University that persons who have been temporarily appointed by the University and working for more than 5 years shall not be terminated. (ii) There shall be no appointment of any Class IV employees by direct recruitment as long as these people remain on the rolls and have not yet been regularized, subject to educational qualifications. (iii) The University, which has prepared the list of 354 employees, shall regularise these employees as and when vacancy/vacancies arise. This order will apply to all those employees who have not been able to approach the Court and are still employee by the University on temporary basis and have continuously worked with the University for a period of 5 years and more without break, if still in service. 10. The order of the learned Single Judge, dated 10.1.2002, is modified accordingly on a broad consensus and the appeals are disposed of accordingly. No costs.