Appeals against dismissal of writ petitions seeking regularization of temporary government employees. Court held no right to permanency exists for contract posts but awarded lump sum compensation due to continuous service.
Lump sum compensation to be paid to appellants.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 06.11.2017
CORAM:
THE HON'BLE MR.JUSTICE HULUVADI G.RAMESH and
THE HON'BLE MR.JUSTICE RMT.TEEKAA RAMAN
W.A.Nos.1177 and 1178 of 2017 and C.M.P.Nos.16348 to 16351 of 2017
A.Selvaraju ... Appellant in W.A.No.1177/2017/ Writ Petitioner in W.P.No.21464/2017 B.Balaji ... Appellant in W.A.No.1178/2017/ Writ Petitioner in W.P.No.21465/2017
.. Vs ..
Prayer in both Writ Appeals.: Writ Appeals filed under Clause 15 of Letters Patent, against the order dated 11.08.2017 passed by this Court in W.P.Nos.21464 and 21465 of 2017 respectively.
Prayer in WP.NO.21464 & 21465/2017: Petition filed Under Article 226 of the Constitution of India, to issue a Writ of Certiorarified mandamus to call for the records pertaining to the proceedings of the 1st respondent in Letter No.12792 / FS -2 / 2016-8, and Letter No.12792 / FS -2 / 2016-9 dated 15.06.2017 and quash the same as illegal incompetent and ultravires and to absorb the petitioner in the post of Technical Assistant pursuant in accordance to the notification issued by the 4th respondent in notification No.01/2017 dated 16.06.2017
Both the writ appeals are directed against the order dated 11.08.2017, passed by the learned single Judge, dismissing the writ petitions filed by the appellants in W.P.Nos.21464 and 21465 of 2017 respectively.
to Government, School Education Department, Chennai Vs. R.Govindaswamy and Ors. reported in (2014) 4 SCC 769.
(ii) The individual cannot claim any rights for extension, preference or permanency in Government Service based on Government rules and regulations, since the assignment is purely on contract basis only
(iii) The individual is eligible to avail leave in terms of one day per month.
(iv) Consolidated pay will be paid on monthly basis only as noticed in the advertisement
(v) The service of the individual may be considered for extension based on his/her performance and requirement for the project as and when required."
no directions for regularisation can be granted unless the employees claiming regularisation had been appointed in pursuance of a regular recruitment in accordance with relevant rules in an open competitive process, against sanctioned vacant posts. Inasmuch as in the case on hand, the appointments made were under the Tsunami Project Implementation Unit, on temporary and on contract basis, the appellants/writ petitioners are not entitled to the relief as prayed for.
Sd/-
Asst.Registrar (CS VIII)
/true copy/
Sub Asst. Registrar
To
3 issues framed by the court
Whether temporary/appointment letters under a project without government rules can confer an absolute right to permanent service.
Whether the appellants are entitled to regularization or only suitable payment.
Whether appointments under the Tsunami Project constitute backdoor entries applicable to Umadevi/Govindaswamy precedents.
Colour shows how this judgement treated each authority
State of Karnataka Vs. UmadeviExplained¶19
State of Karnataka Vs. Umadevi, (2006) 4 SCC 1 · Who else cites this
Secretary to Government, School Education Department, Chennai Vs. R.Govindaswamy and Ors.Distinguished¶29
Secretary to Government, School Education Department, Chennai Vs. R.Govindaswamy and Ors., (2014) 4 SCC 769 · Who else cites this
A.Selvaraju
B.Balaji
The Principal Secretary to Government, Animal Husbandry, Dairying & Fisheries
The Director of Fisheries, Tsunami Project Implementation Unit
The Commissioner of Fisheries, Fisheries Department
The Chief Engineer, O/o. the Commissioner of Fisheries
Huluvadi G.Ramesh
RMT.Teekaa Raman
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
