Document Fragment View
Fragment Information
Showing contexts for: basic structure constitution in Union Of India vs K.Nagarajan on 28 October, 2015Matching Fragments
14. In two other writ petitions, namely, W.P.No.23518 of 2014, dated 06.01.2015, and W.P.No.31222 of 2014, dated 06.01.2015, directions have been issued to the authorities therein, to regularise the services of the respondents therein. Though there are innumerable orders passed by the Hon'ble Division Benches of this Court, approving the decision of the Central Administrative Tribunal, Madras Bench, in the matter of regularisation of the respondents therein, whose bread-winners have either retired or died in harness, repeatedly, the very same objections have been taken by the writ petitioners. Perusal of the recent order, dated 12.06.2015, of the Assistant Chief Accounts Officer, Administration, Office of the General Manager (PA&F), Tamil Nadu Circle, Chennai, shows that the orders made in W.P.Nos.24535 of 2013, and 16041 of 2014, have been duly implemented, by regularising the services of the respondent therein. Having regard to the sequence of events from 1999 and the periodical orders of this Court we are of the considered view that if there are clear vacancies, the writ petitioners should consider the request of the dependants, seeking employment assistance on compassionate grounds, with a pragmatic view, extend compassion and regularise their services, instead of driving them to Courts/Tribunals. Scheme of appointment on compassionate grounds is to tide over the financial constraint. By prolonging regular appointment, the department should not keep them in penury. It is also to be noted that once the objections of the department are considered and rejected by a detailed order, relying on the decisions of the Hon'ble Supreme Court, the same has to be respected and followed in similar cases, instead of repeating the same objections in every case. It is not for the Court to reiterate the same orders, again and again. From the material on record, it could be deduced that every time an order is passed by this Court, it is implemented and orders of regularisation are issued, from which, it could be inferred that the authorities do not regularise the services of those engaged on compassionate grounds, on their own, instead, drive them to Courts/Tribunals. Sudden demise or medical grounds of the bread-winners, is the cause for seeking employment assistance on compassionate grounds, and the Government have evolved a scheme, to tide over the financial constraint of such families. Engaging a person continuously for many years in the same status, and after long engagement, discontinuing his services or take a decision not to regularise his services, would be against the very basic structure of our Constitution. At this point, we wish to remind to ourselves the Preamble of the Constitution, which reads as follows :