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J. SATHYA NARAYANA PRASAD
R. Suguna – Appellant
Versus
State of Tamil Nadu Rep. by its Principal Secretary to Government Home (Courts-IV) Department Chennai – Respondent
JUDGMENT
(Common Prayer : Writ Petitions are filed under Article 226 of Constitution of India, seeking Writ of Certiorarified Mandamus to call for the records relating to the G.O.Ms.(3D) No.47 dated 19.09.2011 and to quash the same in so far as the petitioners are concerned and consequently direct the respondents to regularise the services of the petitioners from the date of appointment with consequential and other attendant benefits including arrears of salary, within the time frame to be fixed by this Court.)
1. The petitioners have filed the above writ petitions praying for a Writ of Certiorarified Mandamus to call for the records relating to the G.O.Ms.(3D) No.47 dated 19.09.2011 and to quash the same in so far as the petitioners are concerned and consequently direct the respondents to regularise the services of the petitioners from the date of appointment with consequential and other attendant benefits including arrears of salary, within the time frame to be fixed by this Court.
2. The learned senior counsel appearing for the petitioners submitted that the petitioners belong to Schedule Caste Community, Backward Class community respectively and were appointed as Junior Assistant
The main legal point established is that the appointment of the petitioners was not illegal, and they were eligible for regularisation of their services.
Regularization of service is the exclusive domain of the employer, and temporary and casual employees cannot seek regularization. Government orders come into effect from the date of issuance unless s....
Temporary appointments do not confer the right to claim preferential treatment for retrospective regularisation, and the conduct of a special competitive examination for absorption can impact the ent....
The main legal point established in the judgment is the entitlement to regularisation under G.O.Ms.No.212, dated 22.04.1994, and the applicability of this provision to the petitioner's case.
Contractual employees may not claim regularization based on prolonged service or failed applications for higher posts, as employment must adhere to constitutional recruitment mandates.
The government servant is entitled to salary and other service benefits attached to the post only from the date of appointment and not prior to the said date of appointment.
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