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IN THE HIGH COURT OF KERALA AT ERNAKULAM
HARISANKAR V.MENON
Chitra R. – Appellant
Versus
State Of Kerala, Represented By The Principal Secretary To Government, Science And Technology Department – Respondent
| Table of Content |
|---|
| 1. consideration of appointment regularization based on factual circumstances. (Para 2 , 3 , 4) |
| 2. examination of legal standards for appointments and irregularities. (Para 14 , 17) |
| 3. directed re-evaluation of appointment regularizations. (Para 24) |
JUDGMENT :
Harisankar V. Menon, J.
These writ petitions have been filed by various employees who are stated to have been appointed in the Jawaharlal Nehru Tropical Botanic Garden & Research Institute under the aegis of the Kerala State Council for Science, Technology and Environment, a society formed by the Government and under its exclusive control.
2. For ease of reference, the facts and circumstances highlighted in W.P.(C) No. 32784 of 2023 are referred to. There are three petitioners in this writ petition. They contend that they were appointed as Office Assistants in the 2nd respondent Institute pursuant to various notifications inviting applications for walk-in interviews for appointment to the post of Office Assistant. The said notifications issued by the 2nd respondent have been produced as Exts.P1 to P6. It may be noted that, in these notifications, the maximum age limit prescribed for applicants was 40 years as on 01.
The distinction between irregular and illegal appointments is crucial in regularization considerations, emphasizing the need for fair evaluation based on established legal principles.
The main legal point established in the judgment is the entitlement of employees to regularization after completing ten years of service on sanctioned and vacant posts, as supported by constitutional....
Irregular appointments made by competent authorities can be regularized if employees have served for over ten years, emphasizing the need for pragmatic interpretation of rules.
Regularization of services for employees who have served for over ten years is a right that must be considered by the state, provided there are no valid objections, and the state must adhere to its o....
Appointments not being sponsored by the employment exchange, as prescribed under Rule 149(2) of the Rules, would only make the appointments irregular and not illegal.
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