‘Can’t breach recruitment rules for regularisation’

Dismissing a plea moved by a person seeking to regularise his services as watchman in a cycle stand at Nagercoil Collectorate, Justice S M Subramaniam, said “Now, the legal principles in the matter of granting the benefits of regularisation and permanent absorption are settled. All appointments are to be made strictly in accordance with the recruitment rules and equal opportunity in public employment is the constitutionalmandate.”

“Therefore, any appointment made in violation of the recruitment rules cannot be regularised nor such employees be brought under the regular establishment in the regular time scale of pay,” he said.

The writ petitioner R Saravanan who was engaged as a watchman on daily wage basis during 1999 sought for a direction to the State to consider his application dated September 22, 2014 seeking regularisation of his services as a watchman.

His counsel had submitted that the petitioner is continuously working as Watchman in a Cycle Stand at Collectorate, Nagercoil and as per the Government Order in G.O.Ms.No.22, Personnel and Administrative Reforms (F) Department, dated February 28, 2006, he is entitled for regularisation on completion of ten years of service on daily wagebasis.

Additional Government Pleader appearing for the State opposed the contentions stating that there is no permanent post of Cycle Stand Watchman at Collectorate, Nagercoil and the said post was not sanctioned. This apart, the petitioner has not completed ten years of service as on January 1, 2006 as per the above said GO. Therefore, he is not entitled for the grant of the benefits of regularisation and permanent absorption.

Justice Subramaniam while reiterating that such regularisation cannot be done is violation of the recruitment rules in his order held “This being the principles settled, the claim of the writ petitioner cannot be considered since he was appointed as a daily wage employee in a post, which is not sanctioned by the Government. Therefore, the relief as such sought for in the present writ petition is devoid of merits and the same is dismissed.”