I.CHRISTOPHER PUNNAGAI SELVAN Vs. SECRETARY TO GOVERNMENT

JUDGEMENT

(1.) The relief sought for in this writ petition is for a direction to direct the respondents to pass orders granting benefit of regularisation to the writ petitioner in the post of Salai Paniyalar.

(2.) The learned counsel appearing on behalf of the writ petitioner states that the writ petitioner was engaged as daily wage employee/NMR in the post of Salai Paniyalar. The writ petitioner was serving for a considerable length of time i.e., more than 10 years. The Government issued G.O.Ms.No.22, P and AR Department, dated 28.02.2006 granting benefit of regularisation in respect of the daily wages employees, who have completed 10 years of service as on 1.1.2006. Based on the said Government Order, the writ petitioner claims that his case also is to be considered for grant of regularisation and permanent absorption.

(3.) The learned counsel for the petitioner states that subsequent to G.O.Ms.No.22 P and AR Department, G.O.Ms.No.74 P and AR Department, dated 27.6.2013 also issued by way of clarification. However, this Court is of the considered opinion that the regularisation and permanent absorption cannot be granted in violation of the recruitment rules in force. Any Government Order issued running contrary to the service rules cannot be implemented and such Government Orders are null and void. When the service rules prescribed certain qualifications and criteria, the same alone should prevail over and all other Governments Orders are running counter to the service rules/recruitment rules, are null and void and unsustainable.