C.ANNAMALAI Vs. DISTRICT COLLECTOR VILLUPURAM DISTRICT

JUDGEMENT

(1.) The order of rejection dated 04.10.2017 rejecting the claim of the writ petitioner for grant of regularization or permanent absorption is under challenge in the present writ petition.

(2.) The learned counsel for the writ petitioner states that the petitioner was engaged as Night Watchman on daily wages and he is working continuously for a considerable length of time. The writ petitioner made a representation to grant regularization or permanent absorption in the sanctioned post of Night Watchman in the regular time scale of pay. The District Collector/1st respondent considered the case of the writ petitioner and pass the impugned order vide proceedings dated 04/10/2017, rejecting the claim of the writ petitioner, on the ground that there is no rules to grant regularization and permanent absorption in respect of the employees who are all appointed on Daily wages. This apart, the writ petitioner is already over aged and therefore the case of the writ petitioner cannot be considered.

(3.) Regularization and permanent absorption cannot be granted contrary to the rules in force. All appointments are to be made strictly in accordance with law recruitment rules and there cannot be any violation. Equal opportunity in public employment is the constitutional mandate and therefore, the authorities at the time of undertaking the process of selection are bound to follow the rules scrupulously. The grant of regularization in violation of the recruitment rules is contrary to the legal principles settled by the constitutional Court. Thus, the writ petitioner cannot seek regularization or permanent absorption in violation of the legal principles settled by the Constitution Bench of the Hon'ble Supreme Court of India in the case of State of Karnataka v. Umadevi [(2006) 4 SCC 1], laid down the legal principles in the matter of regularization, permanent absorption and the relevant paragraphs are as under:-