M.SANKAR Vs. CHAIRMAN

JUDGEMENT

(1.) The relief sought for in the present writ petition is for a direction to the third respondent to consider the claim of the writ petitioners for absorption in the Tamil Nadu Electricity Board as Mazdoors, Assessors II Grade and Helper cum Meter Reader in accordance with their qualifications and seniority by giving a hearing and opportunity to establish their claim before the committee constituted for the purpose of absorption in terms of B.P.(FB).No.44, (Administrative Branch) dated 06.09.2007 and 12(3) settlements etc. within a reasonable time.

(2.) The petitioners claim that they are working as casual labourers in various projects from the year 1993 onwards and they have completed more than 5 years of service and further, served 480 days of continuous service within 24 calendar months. Therefore, they are entitled to request for permanent absorption under the provisions of Conferment of Permanent Status Act. Further, it is an admitted fact that the writ petitioners have not approached the competent authority under the Act. The petitioners state that the Electricity Board also passed an order in (Per.).B.P. (FB).No.44 dated 06.09.2007 for granting the regularization in respect of the causal labourers, who are engaged in temporary basis. Though the writ petitioners are eligible to avail the benefit of the above order, the same had not been extended to them. Thus, they are constrained to move the present writ petition for a direction.

(3.) Regularization or permanent absorption cannot be granted in violation of the recruitment rules in force. All appointments are to be done strictly by following the service rules in force. The Tamil Nadu Electricity Board being a State is bound to provide equal opportunity to all the eligible candidates who are all aspiring to secure public employment in the Tamil Nadu Electricity Board. Equality clause enshrined in the Constitution of India can never be diluted. This being the principles to be followed, this Court is of the considered opinion that mere continuous service as a casual labourers for more than 5 years would not confer any legal right on the petitioners to claim regularization or permanent absorption automatically. Prevailing protection for providing such permanent absorption was dispensed with on account of the judgment of the Hon'ble Supreme Court of India in the case of the State of Karnataka Vs. Umadevi reported in 2006 [4] SCC 1, the relevant paragraphs are extracted hereunder: