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BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
M.Jothiraman, J
K.R.Vijaya Kumar – Appellant
Versus
State of Tamil Nadu, Rep. by its Principal Secretary to Government, Rural Development and Panchayat Raj Department – Respondent
ORDER :
M.Jothiraman, J.
The present Writ Petition has been filed to issue a writ of mandamus, directing the respondents to regularize the services of the petitioner with other candidates, who were recruited through employment exchange, taking into consideration of the length of service of the petitioner, in the light of Judgment, dated 28.11.2017, of the Honble Division Bench of this Court, made in W.A.No.1594 of 2017.
2. The case of the petitioner is that he was initially appointed as Computer Assistant in the year 2008 on consolidated pay. The third respondent issued a paper publication in a daily newspaper on 14.03.2008. The petitioner participated in the interview and, it was only on that basis, appointment order was issued under National Rural Employment Guarantee Scheme (NREGS). The said appointment was made in a sanctioned post. While he was working as Computer Assistant, the third respondent terminated his services, vide proceedings, dated 31.07.2008, on account of administrative reasons. He was again appointed, but, his appointment seemed to have been made on the basis of outsourcing, as if he was recruited through private agencies. But, the fact remained that he was origina
Temporary or contractual employees lack a legal right to claim regularization unless appointed through proper recruitment processes, as established by Supreme Court precedents.
Regularisation of employment requires adherence to constitutional provisions and recruitment rules, specifically against sanctioned posts.
Temporary or casual employment does not confer legal rights to regularization; adherence to proper recruitment processes is mandatory for permanent appointments.
Regularization of public employment requires adherence to established recruitment processes; negative equality cannot justify irregular appointments.
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.
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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