A Madras High Court Bench comprising of Justice S.M. Subramaniam held that persons appointed as daily wage employees on a temporary basis, cannot ask for regularization and permanent absorption.
The instant matter arose in form of a writ petition filed under Article 226 of the Constitution for the issuance of a writ of mandamus directing the Secretary to the Government of Tamil Nadu, Local Administration Department and other respondents to forthwith regularise the services of the petitioners who had completed five or ten years of service and thereby extend all pecuniary and service-related benefits to them.
The writ petitioners were initially appointed as Water Supply Assistants as daily wage employees on five different occasions. As a result, some of the petitioners had served more than five years and some others, more than ten years. It was hence contended by the counsel of the petitioners that they were entitled to be regularised in the sanctioned post in regular time pay scale.
The counsel for the petitioners further stated that the Government has issued several orders which has extended the benefits of regularisation in respect of daily wage labourers who had completed more than ten years in service on temporary basis. Also, the Courts had granted the benefits of regularisation and permanent absorption in respect of some writ petitioners who had already been brought under regular establishment. Hence, the petitioners must be extended the benefits of regularisation and permanent absorption.
The Court held that all appointments are to be made strictly in accordance with the recruitment rules in force. The Supreme Court of India has passed an order stating that High Courts cannot issue a direction, under Article 226 of the Constitution of India, to the authorities concerned to regularize the services of the employees, who were not appointed in accordance with the recruitment rules in force.
Referring to a number of cases the Court held that grant of regularization or permanent absorption cannot be granted in violation of the recruitment rules in force and that the writ petitioners cannot seek the benefits of regularisation and permanent absorption.
The High Court thus dismissed the petition.
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