Individuals appointed illegally or irregularly are not entitled to the benefit of regularisation or permanent absorption.

JUDGMENT

(Prayer: Writ Petition filed under Article 226 of the Constitution of India for issuance of a Writ of Declaration, declaring the Oral Order of Termination dated 01.06.2013 of the 6th respondent is null and void and direct the respondent to reinstate the petitioner into service with all benefits.)

1. The writ on hand has been filed to declare the Oral Order of Termination dated 01.06.2013 issued by the 6th respondent as null and void.

2. The petitioner states that he was initially appointed as Sanitary Worker by oral order of the Block Development Officer, Nainampatty, Salem District. He was posted at Primary Health Centre at Veerapondy Taluk Salem District. The petitioner states that he continued in service till 31.05.2013 and thereafter, he was not allowed to work as Sanitary Worker without any valid reason.

3. The learned counsel for the petitioner made a submission that the petitioner had served about six years and thereafter, his services are to be regularised in the sanctioned post in the time scale of pay based on the Government order in G.O.Ms.No.340, Health and Family Welfare Department dated 02.12.2010. The claim of the writ petitioner for absorbing him in a sanctioned post in a time scale of pay was not considered. Thus, the petitioner filed a writ petition to declare the oral termination as null and void.

4. Admittedly, the petitioner was not appointed in accordance with the Recruitment Rules in force. He was orally appointed and he was not recruited through the selection process and therefore, the initial appointment of the writ petitioner orally made as per the statement is illegal and therefore, the petitioner cannot seek benefit of regularisation. The person appointed illegally or irregularly is not entitled for the benefit of regularisation or permanent absorption.

5. In the present case, the petitioner states that he was orally terminated by the 6th respondent with effect from 31.05.2013. Thus, the order of appointment as well as the order of termination is oral and based on such oral appointment and oral termination, benefit of regularisation or permanent absorption cannot be considered at all.

6. That apart, the learned Government Advocate appearing on behalf of the respondents made a submission that the post of Hospital Workers are now made out sourced and now the Government is engaging agencies, for the purpose of availing the services of Hospital Workers. Thus, the petitioner is not entitled for the relief as such sought for in the present writ petition. When the appointment order itself is orally made, the oral termination cannot be interfered with in the absence of any documents to establish. Further, the petitioner was not appointed in accordance with the Recruitment Rules in force and therefore, he is not entitled for the benefit of regularisation or permanent absorption.

7. Thus, the Writ Petition is devoid of merits and stands dismissed. No costs. Consequently, connected Miscellaneous Petition is closed.