Put an end to illegal temporary appointments, HC tells govt

The Madras High Court urged the State government to take action on instances where people are inducted into the government jobs on temporary basis by way of illegal or irregular appointments, and then continue in service and even seek benefits like permanent employees.

The court said it was high time the government took serious note that people appointed temporarily by way of illegal/irregular appointments were continuing in the posts/services. “The government shall take appropriate action immediately in accordance with the law,” ruled Justice J Krishnakumar, dismissing a plea moved by M Kannammal, a retired government teacher who worked as a temporary staff for 25 years.

The petitioner had sought a direction to the State to grant annual increments from March 27, 1981, when she was originally appointed as Tamil Pundit Grade – I from the post of Junior Assistant by Government Order and her service was regularised.

Kannammal also pleaded for a direction to the government to grant the arrears of increments and grant arrears of pay from March 27, 1991, and March 27, 2001, in the selection and special grade scales of pay in the post of Tamil Pandit Grade I and other consequential benefits, besides revising the pension benefits and pay arrears of pensionary benefits with an annual interest of 18 per cent.

However, the judge held that the appointment should be made only through the TNPSC and not through the subordinate officials.

“The very appointment and promotion of the petitioner as Tamil Pandit is illegal and the respondents have not taken any initiative or action for removal of the petitioner from holding the temporary post for 25 years. The act of the respondents is nothing but hand in glove to favour the petitioner and same is highly contemptuous and abuse of process of law,” the judge noted while dismissing the petition.

The HC also ruled that the government has also not offered any explanation for the illegal continuation of the petitioner in the post for 25 years, which it held was in violation of the statutory procedures contemplated under Tamil Nadu State Sub-Ordinate Service (TNSSS) Rules.