Case Note & Summary
The case involved a writ appeal filed by the State against a writ order that had granted regularisation to the first respondent, who was initially engaged as a Part Time Sweeper in a government-aided school. The first respondent contended that she had been paid a consolidated salary and had effectively been working as a full-time employee, despite not having an official appointment order. She retired in 2016 and subsequently filed a writ petition in 2018 seeking regularisation of her services from the date of her initial employment in 1982, along with arrears of pay. The Government Pleader argued that the first respondent was appointed as a Part Time Sweeper in 1987 without going through the proper employment channels and that her position did not correspond to a sanctioned post, which is a prerequisite for such appointments in aided schools. The court noted that since there was no sanctioned post for the first respondent's role and her appointment was not approved by the Education Department, the relief sought for regularisation was not legally tenable. Consequently, the court set aside the writ order and allowed the appeal, concluding that the first respondent was not entitled to the benefits she sought. The decision was made on 20-08-2026.
Headnote
A) Employment Law - Regularisation of Employment - Entitlement to Regularisation - Not applicable as appointment was not against a sanctioned post - The first respondent was engaged as a Part Time Sweeper without a sanctioned post and her appointment was not approved by the Education Department, thus she was not entitled to regularisation or benefits as a government employee. Held that the writ order granting regularisation was contrary to law (Paras 3-4).
Issue of Consideration
Whether the first respondent was entitled to regularisation of her services as a full-time employee.
Final Decision
The court set aside the writ order dated 27.11.2024 made in W.P.No.19521 of 2018 and allowed the writ appeal, concluding that the first respondent was not entitled to regularisation or benefits due to the lack of a sanctioned post.
Law Points
- Regularisation of employment
- appointment against sanctioned post
- government aided school employment
- consolidated pay
- entitlement to benefits
