Case Note & Summary
The Writ Petition was filed by five petitioners seeking to quash the termination orders issued by the second and third respondents and to regularize their services as Cooks in the Government Higher Secondary School, Krishnagiri. The petitioners were appointed on 20.07.2007 and had been treated as regular employees until their termination in November 2023, following objections raised by the Local Fund Audit regarding their appointments being over and above the notified vacancies. The petitioners contended that they were appointed through the Employment Exchange and had satisfied all qualifications. The respondents argued that the appointments were illegal from inception and that the petitioners were not entitled to continue in service. The court noted that the petitioners had served for over 15 years and that the objections raised by the State Audit Department did not render their appointments illegal but merely irregular. Citing precedents, the court emphasized that the abrupt termination of long-serving employees without cogent reasons was arbitrary and violated their constitutional rights. The court ultimately quashed the termination orders and directed the respondents to reinstate the petitioners within four weeks, applying the principle of 'no work, no pay' for the period they had not worked.
Headnote
A) Employment Law - Regularization of Services - Termination of Long-Serving Employees - Article 226 of the Constitution of India - The court held that the sudden termination of employees who served for over 15 years without any fault on their part was arbitrary and violated their right to livelihood. The court directed the respondents to reinstate the petitioners and regularize their services (Paras 11-12).
Issue of Consideration
Whether the termination of the petitioners' services was justified and whether they are entitled to regularization.
Final Decision
The court allowed the Writ Petition, quashed the termination orders dated 13.11.2023 and 17.11.2023, and directed the respondents to reinstate the petitioners within four weeks, applying the principle of 'no work, no pay' for the period they had not worked.
Law Points
- Writ of Certiorarified Mandamus
- Article 226
- regularization of services
- illegal appointments
- irregular appointments
- right to livelihood
- no work no pay principle
