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IN THE HIGH COURT OF JUDICATURE AT MADRAS
P.T.ASHA
P.Chinnan, S/o.Periyaswamy (Late) – Appellant
Versus
State of Tamil Nadu Rep. by its Principal Secretary Rural Development Department – Respondent
| Table of Content |
|---|
| 1. facts of petitioner's appointment and regularisation claim (Para 2) |
| 2. arguments of petitioner and respondents on regularisation eligibility (Para 3 , 4) |
| 3. analysis of full bench decision on regularisation of temporary employees (Para 6 , 8 , 9 , 10) |
| 4. supreme court observations on exploitation of temporary labour (Para 11 , 12) |
| 5. direction for regularisation with attendant benefits (Para 13 , 13) |
ORDER :
P.T. Asha, J.
The above writ petition has been filed seeking a mandamus to the respondents to regularise the services of the petitioner in the post of Night Watchman on completion of 10 years of service by taking into account his initial appointment on 28.06.1984.
2. The petitioner would contend as follows :
(a) He was originally appointed as Masalji vide proceedings of the 5th respondent dated 28.06.1984 on a consolidated pay of Rs.60/- per month. After putting 8 years of service, on 01.03.1992, he was promoted as Night Watchman, in which post he has been serving to date.
(b) While so, the respondents had initiated the process of regularisation of the services of the petitioner and individuals similarly like petitioner, who had been in service for very long period in
The State cannot deny regularization of long-serving temporary employees solely on the ground that their initial appointment was not against a sanctioned post, provided the work is permanent, continu....
Regularization of services of provisional employees should revert to the date of their initial appointment, as established by legal precedents.
The court mandated regularization for longtime temporary employees, emphasizing that states must adhere to constitutional employment principles regarding service continuity after a decade of service.
The court emphasized that long-serving employees misclassified as part-time should be considered for regularization under applicable government orders, ensuring adherence to principles of natural jus....
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