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2024 Supreme(Mad) 796
IN THE HIGH COURT OF JUDICATURE AT MADRAS
S.M. SUBRAMANIAM, K. RAJASEKAR, JJ.
Tamil Nadu Judicial Employees Association (Erstwhile “Tamil Nadu, Judicial Ministerial Officers' Association) – Appellant
Versus
The State of Tamil Nadu, Rep. by its Secretary, Chennai & Another – Respondents
W.P. Nos. 25446 & 25230 of 2022 & W.M.P. Nos. 24432, 24437, 24184 & 24187 of 2022
Decided on : 11-03-2024
For the Appellant :N.G.R. Prasad, M/s. Row & Reddy, Advocates.
For the Respondents:P. Raja Rajeswari, B. Vijay, Advocate.
IMPORTANT POINT
The judgment emphasizes the importance of following Service Rules for regularization and permanent absorptions, and highlights the principle that aggrieved persons alone are entitled to file a Writ Petition in service matters.
Headnote:
Regularization - Judicial Employees' Association - Constitution of India - Article 226 - Notification No. 186 to 209 dated 24.07.2022 - Notification No. 154 to 185 dated 24.07.2022 - Tamil Nadu Judicial Ministerial service - Educational Qualification - Service Rules - Locus Standi - Recruitment Rules
Fact of the Case:
The petitioner, Tamil Nadu Judicial Employees' Association, sought to quash recruitment notifications and regularize the services of temporary employees in various posts in the subordinate judicial service of Tamil Nadu.
Finding of the Court:
The court found that the Association lacked locus standi to seek relief for the regularization of temporary employees and that individual grievances in service matters should be addressed by aggrieved persons.
Issues: Locus standi of the petitioner Association, maintainability of the Writ Petition, and the nature of relief sought.
Ratio Decidendi: The court held that regularization and permanent absorptions should be made by following the Service Rules, and that an Association cannot represent the cause of ousted temporary employees. It also emphasized that aggrieved persons alone are entitled to file a Writ Petition in service matters.
Final Decision: The Writ Petitions were dismissed, and the connected Miscellaneous Petitions were closed with no costs.
JUDGMENT :
S.M. Subramaniam, J.
(Prayer: Writ Petition is filed under Article 226 of the Constitution of India, to issue a Writ of Certiorarified Mandamus, calling for the records of the 2nd Respondent pertaining to Notification No. 186 to 209 dated 24.07.2022 for direct recruitment to the post of Driver in the subordinate Judicial Service of various Districts and quash the same and consequently direct the respondents to absorb the Office Assistants and other posts of Basic Service working in various districts, who are members of the petitioner's Association, who are having qualification for the post of Driver, in the post of Driver and regularise their services in all aspects and direct the respondents to absorb the in-service and ousted temporary staffs/members of the petitioner's association who are having qualification for the post of Driver, permanently in the posts of Driver and regularise their services in all aspects in the light of the petitioner's representation dated 18.08.2022 within a reasonable time frame to be fixed by this Hon'ble court.
Writ Petition is filed under Article 226 of the Constitution of India, to issue a Writ of Certiorarified Mandamus, calling for the records of the 2nd Respondent pertaining to Notification No. 154 to 185 dated 24.07.2022 for direct recruitment to the posts of (i) Examiner, (ii) Reader, (iii) Senior Bailiff (iv) Junior Bailiff and (v) Xerox operator in the subordinate judicial service of various districts and quash the same and consequently direct the 2nd respondent to absorb the in-service and ousted temporary staffs/members of the petitioners association working in the sanctioned posts, permanently in the posts of Examiner, Reader, Senior Bailiff, Junior Bailiff, Xerox operator and any other posts, in the Tamil Nadu Judicial Ministerial service according to their Educational Qualification and regularize their services in all aspects in the light of the petitioner representation dated 18.08.2022 within a reasonable time frame to be fixed by this Hon'ble court.)
1. The recruitment Notification No.186 of 2022 dated 24.07.2022 is sought to be quashed in the present writ proceedings.
2. In the matter of regularization of the services of the temporary/daily wages/contractual employees and regarding back door appointments, the legal principles are settled by the Constitution Bench of the Hon'ble Supreme Court of India in the case the State of Karnataka -vs- Umadevi reported in (2006) 4 SCC 1. The Constitution Bench, in unequivocal terms, held that regularization of employees, who have not been appointed in accordance with the Service Rules are impermissible. Regularization and permanent absorptions are to be made by scrupulously following the Service Rules in force.
3. In the context of the relief sought for regarding regularization of temporary staff, the preliminary objection has been raised regarding the maintainability of the Writ Petition. The writ petitioner is Tamil Nadu Judicial Employees' Association (Erstwhile Tamil Nadu Judicial Ministerial Officers Association) represented by the State President. Question arises as to whether the Tamil Nadu Judicial Employees' Association has locus standi to seek the relief of regularization of the services of the temporary employees, who are engaged in the Judicial Departments.
4. Pertinently, the writ petitioner's association has not even enclosed the list of members along with the writ proceedings. The learned counsel for the writ petitioner, Mr.N.G.R.Prasad would submit that the Association consists of about 25,000 members across the State of Tamil Nadu. The beneficiaries of the relief, as such sought for is also not made clear. Admittedly, few temporary employees had already been ousted by the administration. The notification contained age concession for in-service candidates and weightage marks were also provided. There is no impediment for the qualified candidates to participate in the process of selection. The counter filed by the Registr
