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V. R. K. KRUPA SAGAR
T. Madhava – Appellant
Versus
State Of Andhra Pradesh – Respondent
ORDER :
V.R.K. Krupa Sagar, J.
The remedy under Article 226 of the Constitution of India is intended to be used for ensuring the observance of the law of the land. Writ jurisdiction is to examine actions of State in public law domain. Writ of Mandamus is to command the performance of a particular duty where the official charged by law with performance of the duty refuses or fails to perform it.
2. In this writ petition filed under Article 226 of the Constitution of India petitioners make their prayer in the following terms:
(a) declare that the petitioners are fully eligible and qualified to be absorbed as regular employees of the Irrigation Department;
(b) declare the action of the respondents in rejecting the claims of the petitioners vide orders dated 02.05.1998 for regularisation as permanent employees of the Irrigation Department as arbitrary, illegal, violative of Articles 14 & 16 of the Constitution of India.
(c) fur
Regularization of employment requires lawful recruitment against sanctioned posts, and mere service does not confer rights to regularization without compliance with constitutional provisions.
Establishing an employer-employee relationship is essential for regularization claims; contract-based employment does not create inherent rights to permanent status.
The Conferment of Permanent Status Act did not apply to the employees of the Board, and the Labour Court erred in granting retrospective regularisation without adjudication of disputed issues.
The court established that daily wage employees do not have a fundamental right to regularization, and compliance with recruitment norms is essential for such claims.
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