Continued Employment In Public Service Projects For Several Years Creates Rights On Employees: Madras HC Directs State To Frame Regularization Scheme
Live LawThe Madras High Court has recently held that when a competent authority/government makes an appointment to an unsanctioned post and when the employee has been engaged in such public service project for long years, the Government cannot turn a blind eye to these employees and say that they have no right for regularisation. The court also directed the State Government to formulate schemes for the regularisation of such employees. The petitioners submitted that they were originally appointed in various projects introduced by the Central Government like Swachh Bharat Mission principally with a view to maintaining a clean and healthy environment. The court thus directed the State Government to formulate comprehensive schemes for providing a guarantee of employment to the petitioners either by deploying them in any suitable post on a preferential basis against regular vacancies that may arise in various Departments of the Government or may sanction regular posts in the sanitation programs that are being implemented by the State Government for their eventual regularisation.