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S. M. SUBRAMANIAM, C. KUMARAPPAN
A. J. Ethiraj – Appellant
Versus
Government of Tamil Nadu, Rep. by its Secretary, Law Department – Respondent
ORDER :
Prayer: Writ Petition filed under Article 226 of Constitution of India, praying to issue a writ of Certiorarified Mandamus, to call for the record in Order TNSLSA No. 8080/E/2022 dated 12.10.2022 on the file of 2nd respondent and quash the same as illegal, incompetent and further direct the respondents to promote the petitioners to the post of Junior Administrative Assistant.
1. The lis on hand has been instituted questioning the legal validity of the appointment of the respondents 3 to 18 to the post of Junior Administrative Assistants in the services of the Tamil Nadu State Legal Services Authority. Perusal of the impugned appointment order reveals that in exercise of the powers under Sub-Section (5) of Section 6 and Sub-Section (5) of Section 9 of “The Tamil Nadu Legal Services Authorities Act, 1987” [hereinafter shall be referred to “Act”], read with Sub-Rule 2 Rule 13 of the Tamil Nadu District Legal Services Authorities Rules, 1997, the Hon'ble Acting Chief Justice/Patron-in-Chief and the Hon'ble Executive Chairman of the Tamil Nadu Legal Services Authority have ordered provisionally to appoint the respondents 3 to 18 to the post of Junior Administrative Assistant in th
Appointments in public service must adhere to constitutional mandates and established procedures; failure to do so renders such appointments void.
In order that a mandamus may issue to compel the authorities to do something, it must be shown that the statute imposes a legal duty on the authority and the aggrieved party had a legal right under t....
Long-term employment based on transparent recruitment cannot be invalidated solely due to procedural irregularities, reinforcing principles of natural justice and legitimate expectations.
Appointments made on contractual basis, without following the regular process of selection as per the relevant rules, do not confer any right to the appointee for regularization.
The court recognized the right of the State to appoint persons on temporary basis to meet its exigencies, and held that the failure of the ATTC to maintain the student to lecturer ratio and the petit....
Employers must clearly specify the nature of appointments in job advertisements; failure to do so leads to regularization of initially contractual positions when recruitment processes are followed.
The court established that regularization of temporary employees must comply with constitutional mandates, ensuring equal opportunity and adherence to service rules.
Appointments in public service must comply with constitutional mandates and recruitment rules; backdoor appointments cannot be regularized.
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