The court emphasized the need for authorities to respond to requests for regularisation with reasons, instead of disengaging employees without justification.

S. Manikumar, J.

Challenge in this writ petition is to an order dated 06.11.2012 made in Original Application No.553/2011, by which, the Central Administrative Tribunal, Madras Bench, has directed the writ petitioners to grant Assured Career Progression (in short ACP) to the first respondent in the pay scale of 4500 - 7000 with effect from 09.08.1999 with all consequential benefits and the writ petitioners are further directed to pass an appropriate order on the above fact within a period of six weeks from the date of receipt of a copy of the order of the Tribunal include the name of the second respondent at the appropriate place, in the list of Casual Labourers prepared as per Puducherry Casual Labourers (Engagement and Regularisation) Scheme, 2009 dated 25.10.2010. The Tribunal has also issued a direction to the writ petitioners to engage the second respondent for data entry work in any department.

2. Facts leading to the writ petition are that, in order to carry out data entry work, the Department of Revenue and Disaster Management, Puducherry, has called for eligible candidates from the Employment Exchange, Puducherry. Name of the second respondent was sponsored. Writ petitioners vide Memorandum dated 9.10.2005, informed the second respondent that, his name has been sponsored by the Technical Officer/Employment Office, Labour Department, Puducherry, for carrying out data entry work. In the said memorandum, it has been stated that the work would be for a period of 12 months approximately and a consolidated pay of Rs.4,000/- per month would be paid. The second respondent was provisionally selected and was intimated vide Memorandum dated 29.10.2005 by the District Registrar, Department of Revenue and Disaster Management, Government of Puducherry.

3. In the latter memorandum, it was also stated that engagement will not confer any right for future employment/absorption in Government services. Subsequently, the consolidated salary was increased from Rs.4,000/- to Rs.6,000/-. When the second respondent made a representation dated 09.07.2014 to the Director of Survey and Land Records, Saram, Puducherry, the third petitioner herein, to regularise his services, without any written order, the second respondent was not permitted to continue his work. Therefore, the second respondent made another representation dated 21.07.2014 to permit him, to do the same work on the same consolidated pay. But, he was not assigned any duty.

4. In the above said circumstances, the second respondent has filed Original Application No.310/01155/2014 before the Central Administrative Tribunal, Madras Bench, for a prayer to direct the writ petitioners to regularise his services, in the post of Data Entry Operator in the scale of pay Rs.5,200 - 20,000, with effect from 29.10.2005, with all service and monetary benefits.

5. Before the Tribunal, supporting the prayer sought for, the second respondent has contended that his selection and appointment was open, transparent and after a written test and interview. His name was sponsored by Employment Exchange. He had worked for about 10 years and crossed the age bar. Having regard to the above, the writ petitioners ought to have regularised the services.

6. The second respondent has also contended that, when the Government of Puducherry framed a scheme to regularise the services of all the Casual Labourers, working in various departments and also ordered regularization, as per seniority, as and when vacancies arose, the second respondent, being one of the senior most person working in the year 2005 onwards, ought to have been regularised by the third petitioner herein. He has also contended that the action of the Director of Survey and Land Records, Saram, Puducherry/3rd petitioner herein, orally stopping him from work, is arbitrary and violative of Articles 14 and 16 of the Constitution of India.

7. Before the Tribunal, the third petitioner herein, namely The Director of Survey and Land Records, Saram, Puducherry