Madras High Court
Unknown vs The Secretary (Welfare) on 8 August, 2022
Order dated : 08.08.2022
Writ Petition No.1462 of 2015
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 08.08.2022
CORAM
THE HONOURABLE MR. JUSTICE S.M.SUBRAMANIAM
Writ Petition No.1462 of 2015
and
M.P.No.1 of 2015
1.K.Subrayalu
S/o.Kannusamy
2.M.Mariappan
S/o.P.Nagumuthu
3.A.Velmurugan
S/o.Arumugam
4.V.Karthik
S/o.Velayutham
5.B.Prem
S/o.V.Balaraman
6.S.Sinrajalu
S/o.Sellam
7.A.Kamalathasan
S/o.A.Arumugam
8.B.Gobinathan
S/o.Bakthavachalam
9.R.Purushothaman
S/o.P.Ramanujam
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Order dated : 08.08.2022
Writ Petition No.1462 of 2015
10.T.Selvaganapathy
S/o.Thillaigovindan
11.Anbu
W/o.Subramani
12.R.Gunasekaran
S/o.Raman
13.M.Parayavarthan
S/.Muthusamy
14.S.Sundaram
S/o.Setty
15.E.Darmalingam
S/o.Ezmalai ... Petitioners
Vs.
1.The Secretary (Welfare),
Department of Women & Child Development,
Pudhucherry.
2.The Director,
Department of Women & Child Development,
Pudhucherry.
3.The Chair Person,
Pudhucherry Women's Commission,
Pudhucherry. ... Respondents
PRAYER: Writ Petition filed under Article 226 of the Constitution of India
praying to issue a Writ of Mandamus forbearing the respondents from making
any new appointment either as daily wage employees or in any other capacity
for doing the job assigned to the petitioners' in Pudhucherry Women's
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Order dated : 08.08.2022
Writ Petition No.1462 of 2015
Commission, Pudhucherry till the petitioners claim for regularization under the
Government of Puducherry Casual Labourers (Engagement and Regularization)
Scheme, 2009 notified in G.O.Ms.22 of DPAR (PW) dated 27.02.2009 is fully
resolved and adjudicated by this Court.
For Petitioners : Ms.S.Aishwarya
for Mr.N.Suresh
For Respondent : Mrs.V.Usha
Additional Government Pleader (Puducherry)
*****
ORDER
The relief sought for in the present writ petition is to forbear the
respondents from making any new appointment either as daily wage employees
or in any other capacity for doing the job assigned to the petitioners' in
Pudhucherry Women's Commission, Pudhucherry, till the petitioners' claim for
regularization under the Government of Puducherry Casual Labourers
(Engagement and Regularization) Scheme, 2009 notified in G.O.Ms.22 of
DPAR (PW) dated 27.02.2009 is fully resolved.
2. The petitioners state that they were appointed by the Pudhucherry
Women's Commission as daily wage employees. They were engaged a daily
wage employees in different categories and were receiving wages. The grievance
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Order dated : 08.08.2022
Writ Petition No.1462 of 2015
of the petitioners is that the third respondent stopped the payment of wages to
the petitioners and the employment without notice from March 2011. Thus, the
petitioners were not receiving daily wages from March 2011 and they made
several requests to the authorities to pay wages. The Government of
Pudhucherry issued a scheme viz., Government of Puducherry Casual
Labourers (Engagement and Regularization) Scheme, 2009, for the purpose of
granting the benefit of regularization for the daily wage employees/casual
labourers. When the scheme was in force, the case of the petitioners were not
considered for regularization and the respondents have taken a decision to
terminate the petitioners and to engage fresh candidates. Thus, the petitioners
were constrained to move the present writ petition.
3. The petitioners state that they were serving as daily wage employees
for more than ten years and therefore, their services are to be regularized. That
apart, the wages have not been paid from the year 2011 and the respondents,
during the relevant point of time, have taken steps to terminate the services of
the petitioners. It is not made clear that whether the petitioners are continuing in
service or not.
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Order dated : 08.08.2022
Writ Petition No.1462 of 2015
4. Be that as it may, this Court is of the considered opinion that the relief
sought for in the present writ petition cannot be granted at this length of time.
The petitioners were admittedly working as daily wage employees. If the wages
for the period of service as daily wage employees have not been paid during the
relevant point of time, the petitioners are entitled to claim wages for the period,
which they served. However, the benefit of regularization or permanent
absorption cannot be claimed as a matter of right. The petitioners accepted the
daily wage employment and served and therefore, they are not entitled to claim
regularization as a matter of right. If at all, the Government framed a policy for
regularization and if such policy is in consonance with the recruitment rules,
then alone, the relief can be granted, but, not otherwise.
5. The Constitution Bench of the Supreme Court in Secretary, State of
Karnataka Vs. Uma devi [ 2006 4 SCC 1] settled the principles for grant of
regularization and permanent absorption. Irregular or illegal appointment
cannot be regularized. One time benefit contemplated in paragraph No.53 of the
aforesaid judgment cannot be extended now after a lapse of many years. Thus,
there cannot be any new proposal for regularization of irregular and illegal
appointments. Persons, who are all appointed in violation of the recruitment
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Order dated : 08.08.2022
Writ Petition No.1462 of 2015
rules, are not entitled for benefit of regularization and permanent absorption.
The High Court cannot isuse any direction to forbear the respondents from
discharging the services of the daily wage employees. The petitioners were
appointed in a scheme to perform certain duties. The nature of the job or the
need prevailing in the organization are to be considered by the competent
authorities even for engaging the daily wage employees. All these factors are to
be considered by the respondents and the Court cannot issue a direction to
forbear the respondents from discharging the services of the daily wage
employees since their initial appointment is not in accordance with the
recruitment rules, but, on daily wage basis. On account of efflux of time, the
relief sought for also lost its relevance. Thus, no further consideration is
required in the present petition.
Accordingly, this Writ Petition is dismissed. No costs. Connected
miscellaneous petition is closed.
08.08.2022
Index : Yes
Speaking order
gm
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Order dated : 08.08.2022
Writ Petition No.1462 of 2015
To
1.The Secretary (Welfare),
Department of Women & Child Development,
Pudhucherry.
2.The Director,
Department of Women & Child Development,
Pudhucherry.
3.The Chair Person,
Pudhucherry Women's Commission,
Pudhucherry.
https://www.mhc.tn.gov.in/judis
Order dated : 08.08.2022
Writ Petition No.1462 of 2015
S.M.SUBRAMANIAM., J
gm
Writ Petition No.1462 of 2015
08.08.2022
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