Case Note & Summary
The petitioner, K. Ambika, filed a writ petition under Article 226 of the Constitution of India seeking a mandamus to direct the respondents to absorb her as a Scavenger in the sanctioned vacancy of the sixth respondent Veterinary Hospital at Alakarai, Trichy District. She claimed that she was engaged as a Scavenger in the hospital in 2016 and had been working continuously for nine years. She alleged that the Block Development Officer had made a proposal for regularizing her services, but it was not considered. The respondents, represented by the Additional Advocate General, disputed her claim, stating that she was engaged on a temporary basis and paid under the Mahatma Gandhi National Rural Employment Guarantee (MGNREG) Scheme, as per a letter dated 20.12.2021 from the Assistant Medical Officer. The court considered the submissions and perused the materials. It noted that the MGNREG Scheme, launched in 2006, aims to provide guaranteed employment for 100 days per year to rural households for unskilled manual work. The court observed that the petitioner was engaged under this scheme and paid accordingly, but the manner of her continued engagement for such a long period was not explained. The court held that the engagement under the MGNREG Scheme does not entitle her to regularization as she was not appointed against a sanctioned post. The writ petition was dismissed, but the court directed the Secretary to Government, Rural Development and Panchayat Raj Department (suo motu impleaded as seventh respondent) to consider the issue at the policy level, as the case highlighted a potential policy concern regarding long-term engagement under the scheme.
Headnote
A) Service Law - Regularization of Temporary Employees - MGNREG Scheme - Petitioner engaged as Scavenger under MGNREG Scheme for nine years - No sanctioned post - Held that engagement under MGNREG Scheme does not confer right to regularization as the scheme provides for temporary employment and payment under the scheme, not against a sanctioned post (Paras 1-5).
Issue of Consideration
Whether a person engaged under the Mahatma Gandhi National Rural Employment Guarantee Scheme for several years is entitled to regularization as a Scavenger in a sanctioned vacancy of a Veterinary Hospital.
Final Decision
The writ petition is dismissed. However, the Secretary to Government, Rural Development and Panchayat Raj Department is directed to consider the issue at the policy level.
Law Points
- Regularization of temporary employees
- MGNREG Scheme
- Writ of Mandamus
- Article 226
- sanctioned post requirement
Case Details
2026 LawText (MAD) (06) 158
Mr. Xavier Rajini for Mr. R. Murugan (for petitioner); Mr. Veerakathiravan, Additional Advocate General assisted by Mr. C. Venkatesh Kumar, Special Government Pleader (for R1-R3, R6, R7); Mr. S. Saji Bino, Special Government Pleader (for R4, R5)
Director of Animal Husbandry and Veterinary Services, Chennai; Joint Director of Animal Husbandry and Veterinary Services, Trichy; District Collector, Trichy; Block Development Officer, Thottiam; President, Alakarai Panchayat; Medical Officer, Veterinary Hospital, Alakarai; Secretary to Government, Rural Development and Panchayat Raj Department, Chennai
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Nature of Litigation
Writ petition under Article 226 seeking mandamus for regularization of services as Scavenger.
Remedy Sought
Petitioner sought a writ of mandamus directing respondents to absorb her as Scavenger in the sanctioned vacancy of the sixth respondent Hospital and place her in the time scale of pay.
Filing Reason
Petitioner claimed she was engaged as Scavenger in 2016 and worked for nine years, but her regularization was not considered despite a proposal by the Block Development Officer.
Issues
Whether the petitioner is entitled to regularization as Scavenger based on her engagement under MGNREG Scheme for nine years.
Submissions/Arguments
Petitioner argued she was engaged as Scavenger in 2016 and has worked continuously for nine years, and a proposal for regularization was made but not considered.
Respondents argued that the petitioner was engaged on temporary basis and paid under MGNREG Scheme, and thus not entitled to regularization.
Ratio Decidendi
Engagement under the Mahatma Gandhi National Rural Employment Guarantee Scheme does not confer a right to regularization as the scheme provides for temporary employment and payment under the scheme, not against a sanctioned post.
Judgment Excerpts
The petitioner claims that she was engaged as a Scavenger in the sixth respondent Hospital in the year 2016 and she has been allowed to continue to work in the same place for the past nine years.
The learned Additional Advocate General disputed the petitioner's claim that she is working as a Scavenger in the sixth respondent Hospital and on instructions and also by referring to the letter dated 20.12.2021 of the Assistant Medical Officer, Veterinary Hospital, Alakarai, submitted that the petitioner has been engaged on temporary basis and she has been paid under the Mahatma Gandhi National Rural Employment Guarantee Scheme.
The Mahatma Gandhi National Rural Employment Guarantee Scheme [in short 'MGNREG Scheme'] was launched in the year 2006 aiming to provide guaranteed employment for 100 days in a financial year to any rural household to do unskilled manual work.
While so, the materials placed before this Court indicate that the petitioner is stated to have been engaged for several years and paid under the MGNREG Scheme. The manner in which such engagement came to be continued for such a long period has not been explained before this Court.
However, the present case has brought to light an issue which may deserve consideration at the policy level.
Procedural History
The petitioner filed WP(MD)No.2060 of 2026 before the Madurai Bench of Madras High Court under Article 226 seeking a writ of mandamus. The court reserved judgment on 26.02.2026 and delivered on 22.06.2026. The seventh respondent was suo motu impleaded vide order dated 29.01.2026.
Acts & Sections
- Constitution of India: Article 226
