Working in unsanctioned post for years creates right for regularisation: Madras HC

The Madras High Court has ruled that when a competent authority/government appoints an employee to an unsanctioned post and the individual has worked for the government for many years, the government cannot turn a blind eye to these employees and claim that they have no right to regularisation.

The court also ordered the state government to develop plans for regularising these workers.

"Even assuming that the recruitment of these writ petitioners had not been fully in consonance with the procedure for appointment in Government services, the fact remained that these persons have been consciously appointed by the Government for implementing public projects and the work has been extracted from them continuously for several years. It is, therefore, not open to the Government after a period of time to turn around and contend that these writ petitioners have no right at all to seek any kind of guarantee for their future."

A writ suit filed by a group of people who were appointed as Block Level Coordinators of sanitary work in all the Block Development Units involved under the Department of Rural Development was being considered by Justice V Parthiban's bench.

The petitioners claimed that they were hired for various projects launched by the Central Government, such as the Swachh Bharat Mission, with the goal of preserving a clean and healthy environment. After screening and assessment of fitness, they were hired by the Collectors of the districts in question. The chosen candidates were then given the requisite training to prepare them for the position.

The State Government appoints Block Level Coordinators, who are supported by both the Central and State Governments to pay the combined salary each month. These petitioners have been actively involved since their appointment in 2013. Their services are necessary throughout the year to ensure that the various projects/schemes associated with the objectives are implemented in a relevant and purposeful manner.

The petitioners' concern was that, although being appointed and employed for numerous years, they were not entitled to any of the perks that are available to normal workers in identical positions doing similar work. The government has designated them as project workers and has not approved regular positions for them.

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