E. RAMAKRISHNAN AND ORS. versus THE STATE OF KERALA AND ORS.

E. RAMAKRISHNAN AND ORS. versus THE STATE OF KERALA AND ORS.

Regularisation of service cannot be granted contrary to statutory recruitment rules and process, especially when selectees of PSC are awaiting appointment. Government decisions to regularise in contravention of Article 320 are invalid.

Parties
Petitioners: E. Ramakrishnan and Others; Respondents: The State of Kerala and Others
Jurisdiction
India
Judgment Date
04 September 1996
Procedural Posture
Special Leave Petition (civil) / Final Order
Outcome
Petition dismissed
Legal Topics
Regularisation of Ad Hoc Employees, Recruitment Through Public Service Commission, Appointment of Selectees, Statutory Process for Selection

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Legal principles 2 Authorities cited 2 Party arguments 2 Amounts and remedies 1
Sign in to unlock

Parties

E. Ramakrishnan and Others

Petitioners

The State of Kerala and Others

Respondents

Procedural Posture

Special Leave Petition (civil) / Final Order

  1. 1 Whether the petitioners, appointed as ad-hoc Field Workers, could be regularised in service contrary to statutory recruitment rules.
  2. 2 Whether the selectees from the Public Service Commission must be appointed and vacancies notified accordingly.

Ratio Decidendi

Regularisation of service cannot be granted contrary to statutory recruitment rules and process, especially when selectees of PSC are awaiting appointment. Government decisions to regularise in contravention of Article 320 are invalid.

Court Disposition

Petition dismissed

Orders

  • Direction to Government to notify 30 vacancies and fill up posts from candidates selected by PSC.
  • Request for regularisation of petitioners' services declined.