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S. M. SUBRAMANIAM, N. SENTHILKUMAR
K. M. Sivakumar-Died – Appellant
Versus
State of Tamil Nadu – Respondent
JUDGMENT :
(Judgment of the Court was made by S.M.SUBRAMANIAM, J.)
Prayer: Writ Appeal filed under Clause 15 of Letters Patent to set aside the order dated 11.08.2018 passed in W.P.No.11681 of 2009.
The principles governing the regularisation and permanent absorption of casual/daily rated/temporary employees are settled by the Constitutional Bench of the Hon'ble Supreme Court of India in the case of State of Karnataka vs. Uma Devi reported in 2006 (4) SCC 1. Therefore, all other Judgments running counter to the legal principles settled by the Constitution Bench Judgment denuded to loose its status as precedent and the said dictum also has been reiterated by the Constituted Bench in para.54 of the Judgment in Uma Devi's case. The Apex Court in an unequivocal terms held that one time arrangement made by way of clarification under para.53 of the Judgment cannot be relied on in perpetuity. Therefore, Judgments or orders passed by the Courts, which are all not in consonance with the legal principles are to be construed as individualization of Justice or applicable to the facts of that case alone.
2. In the present case, admittedly, the appellants were initially engaged as farm labourers on
Long-term employees performing essential and continuous functions may claim regularization after a decade of service, despite previous procedural irregularities.
The court reaffirmed that long-serving employees, despite irregular appointments, are entitled to regularization, emphasizing the importance of continuity of service without considering minor lapses ....
Long-standing service without a formal appointment does not deny employees the right to regularization; discriminatory treatment of similarly situated employees violates principles of equity and fair....
Regularization or permanent absorption cannot be granted in violation of recruitment rules, and appointments must comply with the constitutional scheme and relevant rules.
The power of relaxation should be exercised judiciously and not in a routine manner, and regularization and permanent absorption should only be made if the appointments are made in accordance with th....
The main legal point established in the judgment is that the regularization of services should be made under the statutory rules and the services rendered earlier on a daily wage basis will not be re....
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