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ABDUL QUDDHOSE
N. Sasikala – Appellant
Versus
Chief Engineer/Personnel, Tamil Nadu Generation and Distribution Corporation Ltd. – Respondent
ORDER :
(Abdul Quddhose, J.) :
(Prayer: Writ Petition filed under Article 226 of the Constitution of India, praying for a Writ of Certiorarified Mandamus, to call for the records pertaining to the impugned order in Office Order No. 573/SEG/Tin/Adm/A1/F Mat Assistant/2017 dated 30.06.2017 on the file of the third respondent and quash the same as illegal and consequently to direct the third respondent to consider the petitioner for continuation in temporary service as the Maternity Assistant till the post is filled permanently within the time stipulated by this Court.)
The petitioner has challenged the appointment of the fifth respondent under the order of the third respondent dated 13.06.2017 in this Writ Petition.
2. As seen from the averments contained in the affidavit filed in support of this writ petition, the petitioner has been appointed as Maternity Assistant temporarily, on daily wages basis and the period of contract is for a particular period. Though, this period was extended from time to time, it cannot confer permanent status to the petitioner. In a case involving a similar issue, another learned Single Judge of this Court by order dated 29.01.2018 passed in W.P.(MD)Nos.172
Temporary employment does not confer permanent status or the right to challenge termination or appointment decisions.
Irregular appointments can be regularized, distinguishing them from illegal appointments, which cannot be ratified, as established by the Supreme Court.
The termination of a temporary employee without stigmatizing consequences does not violate Art. 311(2) of the Constitution.
The court ruled that the termination of services of temporary employees was illegal and directed their accommodation in available posts, emphasizing the need for fair treatment regardless of job role....
The court ruled that the termination of temporary employees must consider available vacancies, ensuring fair treatment under employment law.
Termination of a temporary employee must follow due process, including an inquiry if the action is stigmatic and punitive.
Appointment to the post of Post Graduate Assistant is to be made in accordance with the Recruitment Rules in force, and appointments by entities other than the Competent Authorities of the Education ....
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