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
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Parties
E. Ramakrishnan and Others
Petitioners
The State of Kerala and Others
Respondents
Procedural Posture
Special Leave Petition (civil) / Final Order
Legal Issues
- 1 Whether the petitioners, appointed as ad-hoc Field Workers, could be regularised in service contrary to statutory recruitment rules.
- 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.
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