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BEFORE THE MADURAI BENCH OF MADRA HIGH COURT
HONOURABLE MR. JUSTICE M.S.RAMESH, A.D.MARIA CLETE, J
V.Kanagamani – Appellant
Versus
Government Additional Chief Secretary, The Principal Secretary to Government, Rural Development and Panchayat Raj Department – Respondent
JUDGMENT :
M.S. RAMESH, J.
Both these Writ Appeals arise out of a common order passed in W.P.(MD)Nos.10739 and 10740 of 2023 dated 12.12.2023, wherein the claims of the writ petitioners, seeking for regularization of their services, in the time scale of pay, from the date of their respective appointments was rejected, predominantly on the ground that both of them were appointed in the District Rural Development Agency (DRDA) in a non- sanctioned post and the High Court, in exercise of its powers under Article 226 of the Constitution of India, will not venture to create a sanctioned post, which is the prerogative of the executive or legislative authorities, for which proposition, reliance was placed on the decisions of the Hon'ble Supreme Court.
2. Before we address the legal sanctity of the reasoning adopted by the Writ Court, we deem it appropriate to refer to certain facts touching upon the claims of these appellants.
3.1. While the appellant in W.A.(MD)No.181 of 2024 was duly sponsored by the Employment Exchange and temporarily appointed on 02.12.1985 as 'part-time' Sanitary Worker, the appellant in W.A.(MD)No. 182 of 2024 was sponsored by the Employment Exchange and 'temporarily' a
Long-standing service and favorable precedents justify the regularization of part-time employees despite their appointment in non-sanctioned posts.
Regularization of employment should adhere to specific government policies, with part-time employees not entitled to claim rights reserved for full-time roles.
Part-time employees cannot claim regularization or equal pay unless appointed against sanctioned posts, as per established legal precedents.
Employees are entitled to regularization on completion of three years of service from their date of initial engagement, as per relevant government orders and previous court decisions.
Daily wage employees who meet the eligibility criteria under the Uttar Pradesh Regularization of Daily Wages Appointments on Group 'D' Posts Rules, 2001, are entitled to be considered for regularizat....
The court established that long-term service and existing vacancies can warrant regularization, even if initial appointments were irregular, provided the employees meet certain criteria.
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