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BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
J.NISHA BANU, J, S. SRIMATHY
State represented by, The Secretary to Government, Rural Development and Panchayat Raj Department – Appellant
Versus
K. Vadivel – Respondent
| Table of Content |
|---|
| 1. the writ petitioner sought regularization after long service. (Para 2) |
| 2. factual background on the writ petitioner's service history. (Para 3) |
| 3. court's observations on the legitimacy of the appointment and denial of rights. (Para 4 , 9) |
| 4. appellants argue the illegality of appointment and grounds for denial. (Para 5 , 6 , 7 , 8) |
| 5. court's reasoning emphasizes fair treatment and long service. (Para 10 , 11 , 16) |
| 6. ratio decidendi focused on established legal principles regarding long service. (Para 12 , 13 , 14 , 15) |
| 7. final decision to dismiss the writ appeal. (Para 17 , 18) |
JUDGMENT :
(J. NISHA BANU, J.)
Challenging the order passed by the Writ Court dated 05.02.2024 in W.P.(MD)No.4397 of 2021, the respondents as appellants have filed the present Writ Appeal.
2. The respondent/writ petitioner filed the Writ Petition seeking to quash the impugned proceedings passed by the first appellant dated 05.03.2018 and consequently to direct the appellants to regularize his services with effect from the date of his initial appointment, along with all other consequential monetary and service benefits.
3. The facts and circumstances giving rise to the filing of the Writ Petition
The denial of regularization for long-serving employees on technical grounds is arbitrary, prioritizing fairness and the welfare principle in employment.
Irregular appointments may be regularized after prolonged continuous service, as technical grounds cannot undermine substantive employment rights.
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.
Irregular or illegal appointments cannot be regularised, and the benefit of regularisation already granted by the government is a concession that cannot be extended further.
Employees who serve continuously for significant periods are entitled to regularisation, regardless of initial appointment methods, emphasizing fair employment practices.
Long-term employees engaged in continuous service are entitled to regularization and benefits even post-retirement if their claims remain pending during their service, subject to compliance with appl....
Regularization of service does not confer the right to retrospective benefits from the date of initial appointment; such benefits are contingent upon the terms of regularization.
Part-time or temporary employees appointed to permanent posts in Tamil Nadu Basic Service are entitled to regularisation upon completing 10 years of service, irrespective of appointment nomenclature.
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