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Relief was sought by the petitioners for a direction to the respondents to forthwith regularize the services of the writ petitioners on completion of 5/10 years of services and confer the regular time scale of pay by bringing them into the regular establishment. The petition states that the writ petitioners were initially appointed as Water Supply Assistants, on 03.08.1999, 26.09.2000, 25.09.2000, 01.12.2002 and 08.07.2006 respectively. The writ petitioners were engaged as daily wage employees on temporary basis. Some of them have served more than five years and some have served more than ten years and therefore, they are entitled to be regularised in the sanctioned post in the regular time scale of pay. The learned counsel for the writ petitioner stated that the Government has issued various orders extending the benefit of regularization in respect of daily wage employees, who have served more than ten years on temporary basis. Therefore, the writ petitioners also must be provided with the benefits of regularization and permanent absorption with reference to the Government Orders in force.
The Court held that the grant of regularization or permanent absorption cannot be granted in violation of the recruitment rules which are in force. All appointments are to be made strictly as per the recruitment rules in force. The Apex Court India has passed an order stating that High Courts cannot issue a direction, under Article 226 of the Constitution of India, to the authorities concerned to regularize the services of the employees, who were not appointed in accordance with the recruitment rules in force.
Thus, the Madras High dismissed the writ petition.
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