Temporary staff not entitled to seek regularisation: HC

The Madras High Court has held that those employees who are selected in a temporary category/basis through proper interview procedures cannot seek a direction for continuation since they are not selected for regular posts.

The first bench of the Madras HC comprising Acting Chief Justice Munishwar Nath Bhandari and Justice PD Audikesavalu had passed the direction on disposing of a batch of petitions preferred by certain people who are in the post of night watchman in the judicial department appointed by the State on a temporary basis.

The petitioners sought the bench to pass a direction to the government to regularise the services of the petitioners in the post of night watchman with the High Court of Madras and District Court, Villupuram.

However, the bench held that it may be true that the petitioners were not appointed through back door, but being temporary employees, they cannot seek a direction for continuance. “Since the petitioners’ names were recommended by the employment exchange, in case of non-selection of the petitioners, a direction can be given to the employment exchange to maintain their names in the same seniority so that in case of requirement of temporary employees in any other department, their names may be recommended suitably,” the judges noted.

The petitioners were appointed as temporary night watchmen in March 2020 for six months. The same was extended to November 2021. Since the government announced a selection process to appoint night watchmen on a permanent basis, the petitioners approached the court seeking a direction to restrain the government.