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S. M. SUBRAMANIAM, C. KUMARAPPAN
State Government of Tamil Nadu, Rep. By Its Principal Secretary, Pubic Works Department – Appellant
Versus
A. Gajendran – Respondent
JUDGMENT :
S.M. Subramaniam, J.
Equal opportunity in public employment is the constitutional mandate. All appointments into the public services are to be made only under the constitutional scheme and by following the Recruitment Rules in force. Appointment to Sanctioned posts are to be made through open competitive process by affording equal opportunity to all the eligible candidates, who all are aspiring to secure public employment.
2. Irregular, illegal and back door appointments cannot be regularised. Lakhs and Lakhs of youth of our Great Nation are burning their mid-night oil and thriving hard to secure public employment through open competitive process. Appointing candidates through back door method would infringe the fundamental rights of those eligible candidates. Therefore, the State is duty bound to ensure that the constitutional mandates are honoured and implemented in its letter and spirit while recruiting candidates for public posts.
3. Admittedly, in the present writ appeals, the 1st respondent in all the writ appeals were engaged as daily rated employees in the Department of Water Resources Organisation. All the respondents have been engaged to perform duties relating to
Appointments in public service must comply with constitutional mandates and recruitment rules; backdoor appointments cannot be regularized.
The court established that regularization of temporary employees must comply with constitutional mandates, ensuring equal opportunity and adherence to service rules.
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.
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....
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.
Daily wage employees cannot claim regularization unless appointed against sanctioned posts and in compliance with recruitment rules, as per constitutional mandates.
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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