No job regularisation after accepting temporary service: Madras HC – The New Indian Express

Chennai News

By Express News Service

MADURAI: The Madurai Bench of Madras High Court recently observed it can’t approve the practice of employees claiming job regularisation, even after agreeing to the terms and conditions of temporary service. Justice SM Subramaniam made the observation while dismissing a batch of pleas filed by a group of guest lecturers in 2020 seeking regularisation of their service in university-affiliated colleges.

The petitioners had also challenged the G.O. passed by the Higher Education Department in 2019 for re-designating 41 university-affiliated colleges, including the colleges in which they were working, as government arts and science colleges. The petitioners claimed their chance to get regularised in service was affected by this G.O.

However, Justice Subramaniam noted that the petitioners were not appointed in a sanctioned post, and were engaged as guest lecturers on a temporary basis without following the reservation rules. “Continuing to regularise services of irregular appointees will infringe upon the right to equality of persons, who are struggling to secure public employment through an open competitive process in accordance with the recruitment rules,” he observed.

The judge also pointed out that the petitioners were fully aware of the temporary nature of their service at the time of appointment. Moreover, the G.O. re-designating the colleges is a policy decision taken by the government for the benefit of the public at large and the petitioners cannot question the same when it is in no way related to their service conditions, the judge held and dismissed the petitions.