HC dismisses petitions for service regularisation

The Madurai Bench of Madras High Court has dismissed a batch of petitions filed by guest lecturers who sought service regularisation and challenged a Government Order pertaining to redesignation of 41 university-affiliated colleges as Government Arts and Science Colleges.

The petitioners said they were fully qualified for the regular appointment to the post of lecturers in government colleges. They said they were performing their duties on a par with the regular lecturers. By redesignating 41 university-affiliated colleges, they could lose their opportunity to get service regularisation, they said.

Justice S.M. Subramaniam observed that going on regularising the service of such appointees would cause infringement on the right of equality to the rightful persons who are longing to secure public employment through open competitive process in accordance with the recruitment rules. 

Beyond the point of regularisation of the service, the petitioners have challenged the policy decision taken by the government to redesignate 41 university-affiliated colleges. The petitioners have no locus standi to question the decision as it was in no way connected to their service conditions, the judge said.

The court observed that the employers are well within their powers to engage temporary employees, contract employees, daily wage employees or otherwise on need basis and to mitigate the emergency circumstances arising on account of various factors. Whenever such circumstances arise and such temporary appointments are made, soon after the special circumstance disappears, they should fill the post on a regular basis.

Once the employee accepts the offer of appointment on certain terms and conditions, they cannot seek the benefit of regularisation or confirmation. It is not as if the appointees were not aware of the temporary service. Therefore, such a practice of claiming regularisation, after agreeing with the terms and conditions of the temporary service, cannot be approved, the judge said and dismissed the batch of petitions.