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BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
S.M.SUBRAMANIAM, A.D.MARIA CLETE, JJ
State, represented by the Secretary to Government, Municipal Administration and Water Supply Department – Appellant
Versus
Kavitha – Respondent
JUDGMENT :
[S.M. SUBRAMANIAM, J.]
Under assail is the writ order dated 12.05.2017, passed in W.P. (MD) No.16929 of 2014.
2. The respondent states that she has completed 8th standard and registered her name in the District Employment Exchange and renewed her registration periodically. The respondent has been engaged as a Sweeper in Seithur Selection Grade Town Panchayat under Arunthathiar Women Self-help Group on consolidated pay. Since the respondent was serving for a long time, she made a request to the authority concerned to absorb her in the regular time scale of pay. Since her request was not considered, the respondent earlier filed a writ petition before this Court in W.P.(MD) No.8992 of 2013 seeking a direction to the appellants to absorb her in regular time scale of pay either as Sweeper or in any other equivalent cadre in the basic service, as per the employment seniority. The learned Single Judge, by an order dated 06.06.2013, elaborately considered the issues and dismissed the said writ petition on merits. Even after dismissal of the said writ petition, the respondent was permitted to continue in service. Thereafter, she filed another writ petition in W.P.(MD) No.16929 of 20
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Temporary or contractual employees lack a legal right to claim regularization unless appointed through proper recruitment processes, as established by Supreme Court precedents.
Regularization of employment requires adherence to constitutional provisions and recruitment rules, specifically against sanctioned posts, to prevent infringement of eligible candidates' rights.
The denial of regularization for long-serving employees on technical grounds is arbitrary, prioritizing fairness and the welfare principle in employment.
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