Sympathy, sentiments no grounds for service regularisation, says HC

Sympathy and sentiments should not serve as grounds for passing any order of regularisation in the absence of a legal entitlement, the Madurai Bench of the Madras High Court observed while dismissing a plea filed by a part-time sweeper seeking service regularisation.

The court was hearing the petition filed by P. Sridevi of Nagercoil. She was appointed as a part-time sweeper in a government school in 1989. The State government passed an order in 2006 regularising the services of daily wage workers who had rendered a minimum of 10 years of service. Since the petitioner had rendered more than 32 years of service, she sought service regularisation. But her representation was not considered. So she filed the petition before the High Court.

Justice D. Krishnakumar took cognisance of a government order issued in 2013 that revised the 2006 order. It stated that full-time daily wage workers who completed 10 years of service should be regularised, but not part-time and casual workers. Referring to a Supreme Court judgment, the judge said that mere continuation of service by a temporary or daily wage worker on the strength of some interim orders of the court would not confer upon the petitioner any right to be absorbed into service.

It would tantamount to ‘litigious employment.’ Every temporary, ad-hoc or daily wage service for a long number of years will not entitle such employees to claim regularisation, the court said and dismissed the petition.

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Printable version | Nov 29, 2021 9:02:05 AM |

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