Madras High Court
Karthick vs The State Of Tamil Nadu on 12 July, 2019
Author: S.M.Subramaniam
Bench: S.M.Subramaniam
1
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
DATED: 12.07.2019
CORAM:
THE HONOURABLE MR.JUSTICE S.M.SUBRAMANIAM
W.P.(MD).No.15027 of 2014
and
M.P(MD)Nos.1 of 2014 and 1 of 2015
Karthick ... Petitioner
-Vs-
1.The State of Tamil Nadu,
Rep. by its Secretary,
Health and Family Welfare,
Department, Fort St. George,
Chennai-600 009.
2.The Director of Public Health and Preventive Medicine,
DMS Compound Theynampet,
Chennai-600 006.
3.The Deputy Director,
Health Service,
District Collector Office,
Virudhunagar.
4.The Block Medical Officer,
Government Primary Health Centre,
Mallankinar,
Virudhunagar District. ... Respondents
Prayer: Writ Petition filed under Article 226 of the Constitution of
India, to issue a Writ of Certiorari, to call for the records pursuant
to the impugned order of the 3rd respondent in Na.Ka.No.
3904/A3/14 dated 10.08.2014 and quash the same.
http://www.judis.nic.in
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For Petitioner : Mr.Lakshmi Gopinathan
M/s.Polax Legal Solutions
For Respondents : Mr.D.Muruganandham
Additional Government Pleader
ORDER
The order of termination terminating the temporary services of the writ petitioner from the post of Driver, is under challenge in the present writ petition.
2.Admittedly, the writ petitioner was appointed as Driver through out-sourcing agency. The appointments were made through private companies which was appointed through an out-sourcing agency for the purpose of implementing certain schemes in Medical Department. Thus, the very appointment of the writ petitioner was through private agency and not by the competent authorities of the Medical Department. The order issued to the writ petitioner in proceeding, dated 26.11.2014 states that the appointment of the writ petitioner was through out-sourcing agency and on temporary basis. This Court is of the considered opinion that the temporary employees appointed through out-sourcing agency in a particular scheme cannot seek the benefit http://www.judis.nic.in 3 of regularisation or permanent absorption. All appointments to the permanent posts are to be made strictly following the recruitment rules in force. Thus, mere engagement through out-sourcing agency would not confer any right to the writ petitioner to seek the benefit of regularisation or permanent absorption. This apart, as per the impugned order, the writ petitioner was terminated from services in proceeding, dated 10.08.2014. The temporary service was terminated. Under these circumstances, the learned counsel for the writ petitioner states that the writ petitioner is entitled for regularisation.
3.Regularisation or permanent absorption cannot be granted in violation of the recruitment rules in force. High Court cannot issue any direction for grant of regularisation, if the initial appointment was not made in accordance with the recruitment rules provided under the constitutional schemes. This being the legal principles settled by the Hon'ble Supreme Court of India, the benefit of regularisation or permanent absorption cannot be granted by the High Court sitting under Article 226 of the Constitution of India. This apart, the writ petitioner, admittedly was appointed through out-sourcing agency in a temporary post of Driver and http://www.judis.nic.in 4 therefore, now after a lapse of so many years from the date of termination, this Court cannot issue any direction for regularising the services of the writ petitioner or to be reinstate him in service, if at all, the scheme is a constituting service and vacancies are available, the case of the writ petitioner also shall be considered along with all other eligible and similarly placed persons for engagement under the scheme or on temporary basis.
4.With these observations, the Writ Petition stands disposed of. No costs. Consequently, connected miscellaneous petitions are closed.
12.07.2019
Index : Yes/No
Internet : Yes/No
sji/Ns
http://www.judis.nic.in
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To
1.The Secretary,
State of Tamil Nadu,
Health and Family Welfare,
Department, Fort St. George,
Chennai-600 009.
2.The Director of Public Health and Preventive Medicine, DMS Compound Theynampet, Chennai-600 006.
3.The Deputy Director, Health Service, District Collector Office, Virudhunagar.
4.The Block Medical Officer, Government Primary Health Centre, Mallankinar, Virudhunagar District.
http://www.judis.nic.in 6 S.M.SUBRAMANIAM,J.
sji/Ns W.P.(MD).No.15027 of 2014 and M.P(MD)Nos.1 of 2014 and 1 of 2015 12.07.2019 http://www.judis.nic.in