Madras High Court
Latha vs The Government Of Tamil Nadu on 12 April, 2022
W.P.(MD) No.14422 of 2019
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
DATED : 12.04.2022
CORAM
THE HONOURABLE MR.JUSTICE S.M.SUBRAMANIAM
W.P.(MD) No.14422 of 2019
1. Latha
2. Dharamaraja
3. Selvaraj
4. P.Sumathi ... Petitioners
-vs-
1. The Government of Tamil Nadu,
Rep., by its Secretary,
Department of Higher Education,
Fort St. George, Secretariat, Chennai-600 009.
2. The Director of Collegiate Education,
Directorate of Collegiate Education,
9th Floor, EVK Sambath Maligai,
College Road, Chennai-600006.
3. The Registrar,
Madurai Kamaraj University,
Palkalai Nagar, Madurai-625 021,
Madurai District. ... Respondents
Prayer:- Petition filed under Article 226 of the Constitution of India praying
for issuance of Writ of Mandamus directing the respondents to
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W.P.(MD) No.14422 of 2019
regularization of service of the petitioners by considering the petitioners'
representation dated 10.04.2019.
For Petitioners : Mr.R.Alagarsamy
For RR1 & 2 : Mr.G.V.Vairam Santhosh
Additional Government Pleader
For R3 : Mr.K.Ragatheesh Kumar
******
ORDER
The relief sought for in the present writ petition is to direct the
respondents to regularise the services of the petitioners by considering their
representation dated 10.04.2019.
2. Mere representation by an employee cannot be a ground to
grant the benefit of regularisation and permanent absorption. Such benefits
are to be granted strictly in accordance with the rules in force.
Appointments are to be made by following the procedures and in
accordance with the rules. Equal opportunity in public employment is the
constitutional mandate.
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W.P.(MD) No.14422 of 2019
3. All appointments are to be made in accordance with the
constitutional scheme and by providing opportunity to all the eligible
candidates, who all are longing to secure appointment through open
competitive process. Therefore, the temporary employees who were
appointed in violation of the recruitment rules are not entitle to claim
regularisation and permanent absorption. The principles in this regard are
settled by the Hon'ble Constitution Bench of the Supreme Court in the case
of Secretary, State of Karnataka vs. Umadevi [(2006) 4 SCC 1]. Even in
the subsequent judgment, the Hon'ble Supreme Court has reiterated that the
irregular appointees cannot claim the benefit of regularisation and
permanent absorption in violation of the service rules. Persons who have
entered into service through backdoors cannot be provided with the benefit
of regularisation and permanent absorption.
4. Admittedly, in the present case, the petitioners were appointed
as non-teaching staffs on temporary basis. Therefore, they have to
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W.P.(MD) No.14422 of 2019
participate in the process of selection, if any notification is issued and if
they are regularly selected, then alone they can seek such benefits, but not
otherwise.
5. With the above observations, this Writ Petition stands
dismissed. However, there shall be no order as to costs.
12.04.2022
Internet:Yes
Index:Yes
abr
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W.P.(MD) No.14422 of 2019
To
1. The Secretary to Government,
The State of Tamil Nadu,
Department of Higher Education,
Fort St. George, Secretariat, Chennai-600 009.
2. The Director of Collegiate Education,
Directorate of Collegiate Education,
9th Floor, EVK Sambath Maligai,
College Road, Chennai-600006.
3. The Registrar,
Madurai Kamaraj University,
Palkalai Nagar, Madurai-625 021,
Madurai District.
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https://www.mhc.tn.gov.in/judis
W.P.(MD) No.14422 of 2019
S.M.SUBRAMANIAM, J.
abr
W.P.(MD) No.14422 of 2019
12.04.2022
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