Case Note & Summary
The appellant, K. Velmurugan, was appointed as a part-time sweeper on 01.12.1999 on consolidated pay in the Tamil Nadu Public Libraries Department. He filed a writ petition seeking regularization of his services. The Government had issued G.O.Ms.No.385 dated 01.10.2010 granting Special Time Scale of Pay to part-time employees who served three years, but the appellant sought full regularization. The learned single judge dismissed the writ petition, leading to this intra-court appeal under Clause 15 of the Letters Patent. The appellant argued that he performed many other works beyond sweeping. The respondents opposed, stating that part-time employees are not working against sanctioned posts and perform only one hour duty cleaning library halls. The court noted that the issues are no longer res integra following the Constitution Bench judgment in State of Karnataka v. Umadevi (2006) 4 SCC 1 and the subsequent order in Secretary to Government School Education Department v. R.Govindaswamy. The court held that part-time employees not appointed in pursuance of a regular recruitment in accordance with relevant rules in an open competitive process against sanctioned vacant posts are not entitled to regularization. The court dismissed the appeal, upholding the order of the learned single judge.
Headnote
A) Service Law - Regularization - Part-Time Employees - Part-time sweeper appointed on consolidated pay without recruitment rules - Claim for regularization rejected - Held that part-time employees not appointed against sanctioned posts or through regular recruitment are not entitled to regularization following State of Karnataka v. Umadevi (2006) 4 SCC 1 and Secretary to Government School Education Department v. R.Govindaswamy (Paras 2-5).
Issue of Consideration
Whether a part-time sweeper appointed on consolidated pay without following recruitment rules is entitled to regularization of services
Final Decision
The Writ Appeal is dismissed. No costs. Consequently, connected miscellaneous petition is closed.
Law Points
- Part-time employees not appointed against sanctioned posts or through regular recruitment are not entitled to regularization
- Umadevi principle applies
- Article 226 cannot be used to bypass recruitment rules
