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S. M. SUBRAMANIAM, N. SENTHILKUMAR
P. Jerlin Annuncia – Appellant
Versus
University of Madras – Respondent
ORDER :
(Order of the Court was made by S.M.SUBRAMANIAM, J.)
Prayer: Writ Petition filed under Article 226 of the Constitution of India, to issue a writ of Certiorarified Mandamus, calling for the records relating to the Syndicate Resolution dated 11.08.2017 passed by the 2nd respondent and the consequential order of dismissal bearing ref.no.F1(B)/ESSTT./2017/R-52 dated 22.11.2017 passed by the 1st respondent University (EX-A) and to quash the same as being illegal, malafide and contrary to the Principles of Natural Justice and for a consequential direction to the respondents to reinstate the petitioner in service w.e.f.22.08.2017 and to continue in service till her date of superannuation and to grant her full back wages together with all other attendant benefits.
The writ petitioner was appointed as temporary Nurse in the Medical Centre situated in Madras University campus. Her initial appointment was made on consolidated pay. It was a tenure appointment.
2. Mr.V.Govardhanan, the learned Counsel appearing on behalf of the petitioner would submit that the Syndicate passed a resolution to regularise the services of these temporary consolidated pay employees.
Several recommendations are m
Temporary employees cannot claim regularization without sanctioned posts and adherence to recruitment rules, as established by constitutional principles.
Regular appointments should be made through open competitive processes against sanctioned vacant posts, and part-time temporary employees are not entitled to seek regularization or parity in pay with....
Mere contract employment does not confer rights to regularization without a sanctioned post, and courts cannot direct the creation of posts.
Since there are no sanctioned posts on which any of these petitioners were appointed as irregular appointments, no such directions are warranted.
The court held that the termination of employees for strike participation, without following due process or respecting binding agreements protecting their rights, violated constitutional protections ....
continuation of services of any Government employee, in a non sanctioned post, would not be permissible in law. Likewise, the High Court exercising its powers under Article 226 of the Constitution of....
Temporary or casual employment does not confer legal rights to regularization; adherence to proper recruitment processes is mandatory for permanent appointments.
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