Petitioners say govt. order illegal and arbitrary
The regularisation of temporary employees in various government departments has been challenged before the Kerala High Court.
In their petition, two youths, Faizal Kulappadam and Vishu Sunil, on Tuesday contended that the government orders of regularisation were illegal and arbitrary. The services of the temporary employees had been regularised bypassing the regular mode of selection. It was the duty of the Public Service Commission (PSC) to do the recruitment to posts in the government service.
The government had violated various procedures and the laws laid down by the Supreme Court in the Umadevi case by regularising the temporary employees. As a result, the candidates on various rank lists were now agitating.
The petition pointed out that the government could not resort to regularisation of temporary employees when candidates were available for selection from ranks list published by the PSC. The regularisation was done despite strong objections from the Law and Finance Departments.
For example, 296 temporary employees of Keltron were regularised, ignoring the objection of these departments. Likewise, 51 temporary drivers in the Local Self-Government Department were regularised on the ground that they had completed 10 years of service on contract. In fact, some of the drivers included in the regularisation orders had reached the age of superannuation.
The regularisation was done when the rank list published by the PSC for the vacancies of Grade II drivers remained valid. As many as 25 temporary employees were regularised in the Water Resources Department and eight in the Department of Labour and Skills.
Three employees were regularised in the Forest Industries Travancore Limited. The rule of equality in public employment was a basic feature of the Constitution and therefore a public body could not make appointment overlooking the mandate of Article 14.
Besides seeking to set aside the orders of regularisation the petition pleaded for a directive to the State government to take steps to report all the existing vacancies to the PSC.