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S. M. SUBRAMANIAM, C. KUMARAPPAN
Government of Tamil Nadu, Rep. by its Secretary, Chennai – Appellant
Versus
C. Xavier – Respondent
JUDGMENT :
S.M. SUBRAMANIAM, J.
Prayer: Writ Appeal filed under Clause 15 of Letters Patent to set aside the order dated 07.12.2017 passed in W.P.No. 30374 of 2003.
1. The intra-Court appeal on hand has been instituted challenging the writ order dated 07.12.2017 passed in W.P. No. 30374 of 2003.
2. The respondents herein are the writ petitioners filed a writ of certitiorarified mandamus to quash the proceedings issued by the 3rd respondent dated 21.03.2003 and the consequential order of the 4th respondent dated 17.10.2003 and to direct the respondents to regularise the services of the petitioners in the sanctioned post in the time scale of pay with effect from 01.06.1998 with all monetary benefits.
3. The order of appointment issued to the respondents by the Devicode Panchayat President dated 01.12.1997 would reveal that the respondents were appointed as Water Supply Assistant on daily-wage basis. They were appointed by the Panchayat President, which is not in dispute. The case of the respondents were that they continued as daily-wage employees for long years and subsequently, the Panchayat President regularised their services. The appellants have not approved the regularization and pas
Regularization of employment requires adherence to constitutional provisions and recruitment rules, specifically against sanctioned posts, to prevent infringement of eligible candidates' rights.
Regularisation of employment requires adherence to constitutional provisions and recruitment rules, specifically against sanctioned posts.
Appointments in public service must comply with constitutional mandates and recruitment rules; backdoor appointments cannot be regularized.
Irregular or illegal appointments cannot be regularised, and the benefit of regularisation already granted by the government is a concession that cannot be extended further.
Daily wage employees cannot claim regularization unless appointed against sanctioned posts and in compliance with recruitment rules, as per constitutional mandates.
The court established that regularization of temporary employees must comply with constitutional mandates, ensuring equal opportunity and adherence to service rules.
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