LAWS(MAD)-2018-4-44

R KARTHIKEYAN Vs. PRINCIPAL SECRETARY, PUBLIC WORKS DEPARTMENT

Decided On April 02, 2018
R KARTHIKEYAN Appellant
V/S
Principal Secretary, Public Works Department Respondents

JUDGEMENT

(1.) The grievance of the writ petitioners is that the names of more than 66 persons were already listed out for the purpose of sending proposals to the Government for regularization of the services of those daily rated/ casual labourers.

(2.) The petitioners are also similarly placed casual labourers and their names were not included in the proposed list. The learned counsel appearing on behalf of the writ petitioners state that when the petitioners are similarly placed, the respondents ought to have included the name of the petitioners in the proposed list for the purpose of granting regularization.

(3.) Regularization or permanent absorption can never be granted contrary to the recruitment rules in force. Equal opportunity in public employment is the constitutional mandate. All the eligible persons are to be given opportunity to participate in the selection process in order to secure public employment. Engaging a person on daily rated basis and only by length of service, if regularization or permanent absorption are granted, then this Court is of an opinion that the teeming, millions of eligible and meritorious candidates are deprived of their right of opportunity even to participate in the process of selection through open competitive process. Thus, such an activity of the executives are a fraud on the constitution and there cannot be any such back door appointment in the permanent vacancy in the time scale of pay. All the permanent posts are to be filled up only through open competitive process and by providing equal opportunity to all the eligible candidates in accordance with the procedures contemplated under the rules. There cannot be any back door entry. Persons who were appointed through back door, must be allowed to go out from the door through which they entered. When these all are the constitutional principles, the authorities competent cannot indulge in granting permanent absorption or regularization in respect of the employees, who were not appointed in accordance with the recruitment rules in force.