Further job regularisation by govt won't be easy as HC stresses on 2006 SC verdict

The Kerala High Court recently opposed the regularisation of staff in government and government-controlled institutions by clearly interpreting the law in this manner.

Kochi: No Kerala government employee can rest assured that one's job is safe if one was made permanent in the post earlier, violating existing norms as laid out by the Supreme Court.

The Kerala High Court recently opposed the regularisation of staff in government and government-controlled institutions by clearly interpreting the law in this manner. It even made the chief secretary a party in the case stating that it has come to its notice that many orders were issued in violation of the Supreme Court verdict.

With the court entrusting the chief secretary with the task of conveying its direction to all institutions, the chances of backdoor appointments in the state by the government of the day have diminished.

What the SC verdict says

In its recent verdict the division bench of the Kerala High Court pointed out that the principles of Supreme Court verdict was the law of the land and any deviation was condemnable. The court made it clear that when the verdict of the SC Constitution bench has clearly stated that only one-time regularisation complying with the conditions can be considered, the officials cannot issue orders to regularise staff in violation of the norm.

The High Court cited the apex verdict in the Karnataka vs Umadevi case. The crux of the verdict that came out on April 10, 2006 states that the governments or other institutions can consider the regularisation of staff having required qualification and who have completed 10 years service as one-time action within six months. Thereafter, regular recruitment should be carried out against the vacancies.

Implication for beneficiaries

With the High Court stating that it is illegal if temporary staff in government or government controlled institutions have been regularised in violation of Supreme Court verdict, many jobs in the state administration and its agencies might get jeopardised if the regularisation that happened after the verdict is challenged in the court.

The HC verdict gains significance in the backdrop of the controversy over regularisation of hundreds of jobs by the LDF government in state undertakings recently in violation of rules. The employees who were regularised earlier managed to escape only because they were not party to the case.

However, the court had categorically stated that if any regularisation had taken place in these institutions then those are illegal.

No backdated action

The Supreme Court had said that the regularisation carried out prior to the 2006 verdict need not be re-examined and hereafter no action that violates constitutional scheme should be undertaken. The verdict stated in no uncertain terms that regularisation in violation of rules cannot be allowed.

The Kerala government informed the court that many cases pertaining to regularisation of staff in IHRD existed even now. Besides, public interest litigation in connection with regularisation in various government and semi-government institutions were also under consideration.

The legal experts say that the division bench's interpretation based on the Uma Devi case would also be relevant in other cases.

The comments posted here/below/in the given space are not on behalf of Onmanorama. The person posting the comment will be in sole ownership of its responsibility. According to the central government's IT rules, obscene or offensive statement made against a person, religion, community or nation is a punishable offense, and legal action would be taken against people who indulge in such activities.