STATE GOVERNMENT OF TAMIL NADU Vs. A. GAJENDRAN

JUDGEMENT

(1.) Equal opportunity in Public employment is the constitutional mandate. All appointments into the Public services are to be made only under the constitutional scheme and by following the Recruitment Rules in force. Appointment to Sanctioned posts are to be made through open competitive process by affording equal opportunity to all the eligible candidates, who all are aspiring to secure Public employment.

(2.) Irregular, illegal and back door appointments cannot be regularised. Lakhs and Lakhs of youth of our Great Nation are burning their mid-night oil and thriving hard to secure public employment through open competitive process. Appointing Candidates through back door method would infringe the Fundamental Rights of those eligible Candidates. Therefore, the State is duty bound to ensure that the constitutional mandates are honoured and implemented in its letter and spirit while recruiting Candidates for public posts.

(3.) Admittedly, in the present Writ Appeals, the 1st Respondent in all the Writ Appeals were engaged as daily rated Employees in the Department of Water Resources Organisation. All the Respondents have been engaged to perform duties relating to fitter, Plumber, Electrician etc., and admittedly their names are in the rolls of Nominal Muster Roll (NMR). No order of appointment has been issued to these daily rated Employees. As and when their services are required, the authorities of the water resources organisation engage them and pay Daily Wages.