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C. V. KARTHIKEYAN
A. Sivasankaran – Appellant
Versus
Secretary Tamil Nadu Legislative Assembly Chennai – Respondent
JUDGMENT
(Common Prayer: Writ Petitions filed under Article 226 of the Constitution of India praying for issuance of a writ of certiorarified mandamus calling for the records culminating in the proceedings in Letter No.14881/2011-4, TNLAS [OP-I] dated 18.11.2015 and quash the same and direct the respondent to reinstate the petitioner in any post in Tamil Nadu Legislative Assembly.)
Common Order
(1) Since the arguments are advanced in common in both the writ petitions, a common order is passed.
(2) Let me as a test, the facts in WP.No.1434/2016. The writ petitioner, A.Sivasankaran, had been appointed as Office Assistant on an application filed by him on 10.1.2005, by an order 12.01.2005 along with 15 others. It must also be mentioned that the writ petitioner in WP.No.1435/2016, had also been similarly appointed as Office Assistant, however by an order dated 17.01.2005. They were both appointed as Office Assistants in the Tamil Nadu Legislative Assembly. They were both called for medical examination and finally, they were appointed as Office Assistants. They were both terminated from service on 30.06.2006, within a period of one year and five months. Questioning the order of termination,
Temporary appointments in public interest can be terminated without notice or reason, and claim for permanency cannot be made without following due process.
Appointments in public service must adhere to constitutional mandates and established procedures; failure to do so renders such appointments void.
Temporary employment does not confer permanent status or the right to challenge termination or appointment decisions.
The main legal point established in the judgment is that obtaining permission from the competent authority before making an appointment in an educational institution is crucial for approval, and the ....
The central legal point established in the judgment is that appointments to public offices must adhere to the principles of equality of opportunity and fair selection processes as prescribed by law.
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.
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