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ANITA SUMANTH, G. ARUL MURUGAN
G. Kulanchiyappan – Appellant
Versus
Vice Chancellor, Indian Maritime University – Respondent
JUDGMENT :
(Anita Sumanth, J.)
(Prayer : Appeal filed under Clause 15 of Letters Patent against order dated 09.08.2017 in WP.No.19597 of 2017 on the file of this Court.)
This is a batch of 8 Writ Appeals. The appellants/Writ Petitioners are post graduates. Their educational qualifications are tabulated below:
| S.No. | W.P.No./W.A.No | Name of the Petitioner | Educational qualification |
| 1 | 19597 of 2017 1147 of 2017 | G.Kulanchiyappan | Post Graduate in Commerce and Master of Library and Information Science |
| 2 | 19598 of 2017 1148 of 2017 | R.Padma | Post Graduate in MBA (Human Resource Management), M.A. (Public Administration), B.Sc., (Botany) |
| 3 | 19599 of 2017 1149 of 2017 | P.Navaneethakrishnan | Post Graduate in M.Tech (VLSI) MBA (International Business), B.E.(ECE) |
| 4 | 19600 of 2017 1150 of 2017 | Srinivasa Rao Manukonda | Post Graduate in Computer Application, B.Sc. (Mathematics) |
| 5 | 19601 of 2017 1151 of 2017 | M.Premavathi | Post Graduate in MBA (HRM), B.Com |
| 6 | 19602 of 2017 1152 of 2017 | V.Senthil Kumar | B.Sc.(Physics), M.A.(Public Administration), MBA (HR) |
| 7 | 19603 of 2017 1153 of 2017 | P.Rajalakshmi | M.Tech.(VLSI), B.E.(EC |
The absence of recruitment rules does not render appointments illegal if a transparent selection process was followed; regularization may be granted based on the nature of service rendered.
Since there are no sanctioned posts on which any of these petitioners were appointed as irregular appointments, no such directions are warranted.
Appointments not being sponsored by the employment exchange, as prescribed under Rule 149(2) of the Rules, would only make the appointments irregular and not illegal.
Prolonged service of over ten years without legal hindrance can qualify employees for regularization, regardless of the initial nature of their appointments.
Temporary or casual employment does not confer legal rights to regularization; adherence to proper recruitment processes is mandatory for permanent appointments.
The main legal point established in the judgment is the entitlement of employees to regularization and absorption in sanctioned posts after working for more than ten years without the benefit or prot....
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