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S. M. SUBRAMANIAM, C. KUMARAPPAN
Secretary to Government of Tamil Nadu – Appellant
Versus
S. Amudha Devi – 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 31.01.2020 made in W.P.No. 31759 of 2012 and allow this writ appeal.
The intra-court appeal on hand has been instituted challenging the writ order dated 31.01.2020 passed in W.P.No.31759 of 2012.
2. The State is the appellant before us. The respondents preferred writ petition seeking direction to appoint them in the existing or future vacancies as Gang Mazdoors in regular time scale of pay in the light of the orders passed by this court in W.P.No.36623 of 2004, which was upheld by the Division Bench of this Court in W.A.No.1260 of 2008 and confirmed by the Hon'ble Supreme Court in CC.No.14093 dated 2010 and in terms of G.O.Ms.No.22 P & AR Department dated 28.02.2006.
3. The respondents were engaged as Daily wage employees (NMR's) from the year 1980 onwards. They have not continuously engaged as daily wage employees. Whenever the road projects are undertaken by the appellant/Highways Department, these NMR's are engaged on daily rated basis. Their services are utilized for maintenance of road works by the Highways Department.
4. The res
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.
A long tenure of temporary service without proper classification allows employees to seek regularization and equitable benefits, reinforcing the obligation of the state as a constitutional employer.
The court ruled that employees employed for lengthy periods cannot be denied regularization of service, emphasizing principles of fairness and equality under the Constitution.
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