Chennai High Court Affirms Employee Rights Over Administrative Delays
In a significant ruling, the Madras High Court has emphasized that administrative delays by municipal corporations or government bodies cannot undermine the accrued rights of employees. The court clarified that subsequent government orders (GOs) cannot nullify rights established by earlier directives, setting a precedent for employment disputes.
Justice D Bharatha Chakravarthy's Landmark Decision
Justice D Bharatha Chakravarthy delivered this observation while adjudicating a plea filed by 35 employees of the Greater Chennai Corporation (GCC). These individuals were initially recruited on a temporary basis for various roles, including malaria assistants, tax assistants, office assistants, junior assistants, storm water drain workers, and road workers.
Background of the Regularization Scheme
In 1999, the Tamil Nadu government introduced a regularization scheme through a GO dated May 27. This scheme declared employees who were working as of May 4, 1999, eligible for regularization. Under the terms, they were to be appointed in entry-level regular posts with a consolidated salary of ₹2,000 per month for one year. After completing this period, they would be transitioned to a regular time scale of pay and formally regularized.
Thus, according to the 1999 GO, the employees became eligible for regularization by May 27, 2000. However, the implementation was delayed, and the government issued another GO on February 23, 2006, which regularized the employees only from 2006. Dissatisfied with this postponement, the employees sought legal recourse by moving the court.
Government's Opposition and Court's Rejection
The government opposed the plea, arguing that temporary appointees cannot claim regularization from an earlier date as a matter of right. Justice Chakravarthy, however, refused to concur with this contention. The court held that the 1999 GO granted a clear entitlement to regularization after one year of service. It affirmed that employees in service as of May 4, 1999, had acquired a vested right to regularization under this scheme, which could not be invalidated by administrative lapses or later orders.
Legal Basis and Supreme Court Appeal
The court's findings were grounded in the orders passed by a full bench of the Madras High Court in the case of S Dhanasekaran Vs Government of Tamil Nadu. Recognizing that this order is under appeal before the Supreme Court, Justice Chakravarthy directed the Greater Chennai Corporation to absorb the 35 employees with effect from 2000. This directive is subject to the final outcome of the pending Supreme Court appeal, ensuring compliance while respecting higher judicial processes.
This ruling underscores the judiciary's role in protecting employee rights against bureaucratic delays and reinforces the principle that government commitments, once made, must be honored in a timely manner.
