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IN THE HIGH COURT OF JUDICATURE AT MADRAS
DR.JUSTICE ANITA SUMANTH, MR.JUSTICE G.ARUL MURUGAN, JJ
R.Prabhavathi – Appellant
Versus
Government of Tamil Nadu – Respondent
JUDGMENT :
G.ARUL MURUGAN, J.
This intra-court appeal is directed against the order dated 30.07.2018 in W.P.No.22036 of 2015, wherein the claim for regularisation of the services of the appellant based on G.O.(Ms.)No.199 Municipal Administration and Water Supply Department dated 12.08.1997 came to be dismissed.
2. The appellant claims to have been appointed as sanitary worker in the year 2005 in the third respondent Town Panchayat and had submitted an application for regularisation of her service. According to the appellant, since G.O.(Ms.)No.199 dated 12.08.1997 came to be issued whereby, the sanitary workers appointed in the Municipalities will be renewed for 3 years on consolidated pay and on completion of 3 years, it can be examined as to whether they could be appointed in the regular scale of pay or not, the claim could be considered.
3. It is the claim of the appellant that she had been regularly working in the third respondent Town Panchayat and her name finds place in the Nominal Muster Roll (NMR), where she had daily signed the attendance and the disbursement of salary had been made directly to the workers. Even though there was no response to the application for regularisatio
A claim for regularisation of services cannot succeed without evidence of direct employment, especially when employment rules are not followed.
Employees engaged in perennial positions for over five years must be considered for regularization, adhering to precedents on service entitlements.
Long-standing service and favorable precedents justify the regularization of part-time employees despite their appointment in non-sanctioned posts.
Long-serving temporary employees performing essential functions may be regularized despite procedural lapses, ensuring fair employment rights and protections.
Formal appointments in public employment must adhere to established service rules; informal engagements do not confer legal employment rights.
Long-term service and performance of duties similar to regular employees justify the regularization of daily wage workers, regardless of initial irregular appointment procedures.
Regularization of employment requires adherence to constitutional provisions and recruitment rules, specifically against sanctioned posts, to prevent infringement of eligible candidates' rights.
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