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S. M. SUBRAMANIAM
A. Muthu – Appellant
Versus
State of Tamil Nadu, represented by its Secretary of Government, Chennai – Respondent
JUDGMENT
(Prayer: Writ Petitions filed under Article 226 of the Constitution of India praying to issue a Writ of Certiorarified Mandamus calling for the records connected in G.O.Ms.No.58, Labour and Employment (E2) Department, dated 21.05.2008 passed by the first respondent and quash the same in respect of the regularisation of the petitioner from the date of issuance of the Government order insofar as the petitioner is concerned and directing the respondents to regularise the service of the petitioner either from the date of initial appointment (or) from the date of the actual vacancy arose (or) from the date of completion of 10 years of service as given to others with all benefits.)
Common Order
1. These writ petitions have been filed challenging the Government Order issued in G.O.Ms.No.58, Labour and Employment (E2) Department, dated 21.05.2008.
2. The petitioners were engaged as daily wage Watchmen through employment exchange in the department of labour. Admittedly, they were continuing as daily wage employees for more than 10 years and pursuant to the Government orders issued during the relevant point of time, proposals were submitted to regularize the services of the petitioners.
The power of relaxation should be exercised judiciously and not in a routine manner, and regularization and permanent absorption should only be made if the appointments are made in accordance with th....
Regularization or permanent absorption cannot be granted in violation of service rules in force, and the principles for grant of regularization as settled by the Constitution Bench of the Supreme Cou....
Retrospective regularization cannot be granted if the initial appointments were not made in a regular time scale of pay in a sanctioned post.
Regularization of casual employees must follow constitutional principles, ensuring equality and merit, and cannot be claimed retrospectively without sanctioned posts.
Discriminatory denial of regularization and violation of Article 14 of the Constitution of India
Irregular or illegal appointments cannot be regularised, and the benefit of regularisation already granted by the government is a concession that cannot be extended further.
Long-term service in irregular employment merits regularization despite procedural non-compliance, reaffirming equal treatment rights under Article 14 of the Constitution.
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