Service regularisation: No relief for cooks
Holding that the benefit of regularisation or permanent absorption cannot be granted in violation of recruitment rules, the Madurai bench of the Madras High Court dismissed a plea moved by three cooks seeking to regularise their job, contending that they had already completed 10 years as temporary cooks and were therefore entitled to be regularised with all service and monetary benefits.
By : migrator
Update: 2019-06-22 18:42 GMT
Chennai
Setting aside their submission regarding a 2011 Government Order which stated that consolidated pay employees shall be granted with the time scale of pay, Justice SM Subramaniam said that all the GOs referred to in the petition were about the grant of special time scale of pay and unconnected with the benefit of regularisation and permanent absorption.
Noting that all appointments are to be made strictly in accordance with the rules in force, the judge further held, “Equal opportunity in public employment is the constitutional mandate. Equality clause enunciated in the Constitution must be scrupulously followed by providing opportunity to all the eligible candidates who all are aspiring to secure public employment through open competitive process.”
Justice Subramaniam added in his order: “Lakhs and lakhs of young minds of this nation are burning their midnight oil for securing public employment. Thus, in the event of such regularisation or permanent absorption in violation of recruitment rules, constitutional rights of all those eligible candidates are infringed.”
Thus, the courts cannot issue direction for regularisation or permanent absorption in violation of the recruitment rules in force, he said, and added that the legal principles in this regard are settled by the constitutional Bench of the Supreme Court. The judge noted that certain relief granted based on the peculiar facts and circumstances can never be considered as binding precedent as far as other courts are concerned.
Based on this, he directed the petitioners to participate in the selection process, if any, invited for the purpose of securing public appointment ingovernment service.
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