Secretary to Government, School Education Department, Chennai Vs. Thiru R. Govindaswamy & Ors.
Service Law – Regularization of part time employee
Civil Appeal Nos. 2726-2729 of 2014 (Arising out of SLP (C) Nos. 5681-5684/2014) @ CC. 19326-19329/2013) with Civil Appeal Nos. 2730-2731 of 2014 (Arising out of SLP (C) Nos. 5686-5687/2014) @ CC. 19982-19983/2013)-Decided on 21-2-2014.
Mere continuation of service by a temporary or ad hoc or daily-wage employee, under cover of some interim orders of the court, would not confer upon him any right to be absorbed into service, as such service would be “litigious employment”. Even temporary, ad hoc or daily-wage service for a long number of years, let alone service for one or two years, will not entitle such employee to claim regularisation, if he is not working against a sanctioned post. Sympathy and sentiment cannot be grounds for passing any order of regularisation in the absence of a legal right. …. Part-time employees are not entitled to seek regularisation as they are not working against any sanctioned posts. There cannot be a direction for absorption, regularisation or permanent continuance of part-time temporary employees. …. Part-time temporary employees in government-run institutions cannot claim parity in salary with regular employees of the Government on the principle of equal pay for equal work. Nor can employees in private employment, even if serving full time, seek parity in salary with government employees. The right to claim a particular salary against the State must arise under a contract or under a statute…read more
