Further, it was noted that the issue of regularisation of services of temporary or illegal workmen is already settled by the Constitution Bench of the Supreme Court in Secretary, State ofKarnataka Vs. Uma Devi. In this light, it was noted,
“Once the Constitution Bench has settled the principles regarding the regularization and permanent absorption, any Government Order running counter to the principles, cannot be implemented and based on such Government Orders, benefits cannot be conferred by the Courts. Thus, any judgment running counter to the principles settled by the Constitution Bench of the top court, cannot be followed as a precedent for the purpose of considering the relief.”
The judge further highlighted that the government has passed several such orders, granting the benefit of regularisation or permanent absorption on various circumstances for many years by granting relaxation of Rules.
“Such relaxation of Rules cannot be now granted in a routine manner, even by the Government. The appointments made in an irregular or illegal manner cannot be regularised by granting regularisation or otherwise,” the judge held.
On these lines, the Court dismissed the plea.
Source: Barandbench
