Back door appointments and regularization of part-time employees are not permissible as per the settled principles established by the Hon'ble Supreme Court.

JUDGMENT

(Prayer: Writ Petition filed under Article 226 of the Constitution of India praying to issue a Writ of Certiorarified Mandamus calling for the records of the first respondent herein culminating in letter No. 704/AH6/2013-6 on the file of the first respondent dated 11.10.2013 and to quash the same and consequently directing the respondents to absorb the petitioner in the regular vacancy of Animal Husbandry Assistant in Animal Husbandry Department.

Writ Petition filed under Article 226 of the Constitution of India praying to issue a Writ of Certiorarified Mandamus calling for the records of the first respondent herein culminating in letter No. 704/AH6/2013-6 on the file of the first respondent dated 11.10.2013 and to quash the same and consequently directing the respondents to absorb the petitioner in the regular vacancy of Animal Husbandry Assistant in Animal Husbandry Department.

Writ Petition filed under Article 226 of the Constitution of India praying to issue a Writ of Certiorarified Mandamus calling for the records of the first respondent herein culminating in letter No. 704/AH6/2013-6 on the file of the first respondent dated 11.10.2013 and to quash the same and consequently directing the respondents to absorb the petitioner in the regular vacancy of Animal Husbandry Assistant in Animal Husbandry Department.

Writ Petition filed under Article 226 of the Constitution of India praying to issue a Writ of Certiorarified Mandamus calling for the records of the first respondent herein culminating in letter No. 704/AH6/2013-6 on the file of the first respondent dated 11.10.2013 and to quash the same and consequently directing the respondents to absorb the petitioner in the regular vacancy of Animal Husbandry Assistant in Animal Husbandry Department.

Writ Petition filed under Article 226 of the Constitution of India praying to issue a Writ of Certiorarified Mandamus calling for the records of the third respondent herein culminating in letter No. Na.Ka.No.4667/B1/06 on the file of the third respondent dated 21.02.2014 and to quash the same and consequently directing the respondents to absorb the petitioner in the regular vacancy of Animal Husbandry Assistant in Animal Husbandry Department.)

Common Order

1. The orders of rejection, rejecting the claim of the writ petitioners for grant of permanent absorption in the sanctioned post in the time scale of pay, are under challenge in the present writ petitions.

2. The writ petitioners state that they were appointed as Helpers on part-time basis in the Animal Husbandry Department. The petitioners state that they were continuously working in the Department without any break in service and therefore, they are entitled to be absorbed on permanent basis in the sanctioned post.

3. The learned counsel for the petitioners made a submission that the case of the similarly placed persons were considered by the Tamil Nadu Administrative Tribunal and by the High Court and those persons were absorbed on permanent basis in the regular time scale of pay. Thus, the said benefit is to be extended to the petitioners herein for grant of regularization and permanent absorption.

4. The learned counsel for the petitioners relied on a judgement of the Hon'ble Division Bench of this Court dated 26.06.2018 in W.A.No.765 of 2016. Several other orders of the Administrative Tribunal and the learned Single Judges of this Court have been referred to in the affidavit filed by the writ petitioners. The learned counsel reiterated that based on these judgements, the case of the petitioners is to be considered for grant of regularization and permanent absorption with all consequential service benefits.

5. The learned Additional Government Pleader appearing for the respondents objected the said contention by stating that the writ petitioners were admittedly appointed as part-time Helpers in the Animal Husbandry Department and therefore, they are not entitled for regularization even as per G.O.Ms.No.74, Personnel and Administr