Updated on: Tuesday, December 18, 2012
The Madras Bench of Central Administrative Tribunal (CAT) while criticising the practice of Puducherry Government resorting to ad hoc recruitment of lecturers on consolidated pay or hourly pay basis against regular vacancies, which are governed by Recruitment Rules framed under Article 309 of the Constitution said that such practice should be put to an end.
G Shanthappa, Tribunal Judicial member said while dismissing a batch of applications by over 150 persons, appointed as lecturers on hourly basis, seeking regularisation of their service, "..I firmly believe, that such practice should be put an end and all vacancies should be filled up by following the Recruitment Rules."
According to the applicants, they had put in services ranging from six to nine years in the Government Higher Secondary Schools in various disciplines.
Following an order dated January 5 this year of the Madras High Court, similarly placed candidates had been absorbed in service. The same treatment should be extended to them, too. Denial would amount to discrimination, they argued.
Rejecting the arguments, the Tribunal observed that the applicants had no legal right to seek regularisation of their services in view of the January judgment. As held by the Supreme Court in 2011, the applicants had no legitimate expectation for regularisation of their services.
However, the Puducherry government counsel submitted that the services of the applicants would be regularised in a phased manner as and when vacancy arose.
If that being the fact, the government had to amend the Recruitment Rules providing the provision to the applicants affording preference to the hourly paid lecturers and giving age relaxation, then only, they could be accommodated.
Without amending the Rules, regularisation of the applicants would be illegal, the Tribunal said.