AI Structured Summary
Not yet generated for this judgment
Judgment
S.M. Subramaniam, J
The relief sought for in the present Writ Petition is for a direction to direct the respondents to implement the decision taken in the meeting for School Children Health Check-up Scheme on 20.07.2009 by providing permanent employment to the writ petitioner as Assistant Medical Officer (Siddha) in any one of the institutions under the control of the second respondent.
The very relief sought for in the present Writ Petition is absolutely misconceived and appointment to the permanent post cannot be sought for by filing the Writ Petition. The writ petitioner admittedly was engaged as temporary employee in order to provide treatment to the school children under the School Children Health Check-up Scheme. When the writ petitioner was engaged to serve under the special scheme, on completion of the scheme his services are discharged.
The learned Special Government Pleader appearing for the respondents states that after closure of the scheme, the writ petitioner was discharged from service. This apart, the writ petitioner was engaged as a temporary Doctor for the purpose of implementing the scheme of School Children Health Check-up. Thus, the writ petitioner is not entitled for the relief as such sought for in the present Writ Petition.
All appointments to the sanctioned post in the regular time scale of pay must be done strictly in accordance with the rules in force. A candidate, who was merely engaged on temporary basis or under the scheme, cannot claim permanent absorption, only based on the services rendered. At the time of undertaking the process of selection, all eligible persons must be provided with an opportunity to participate in the selection for the purpose of securing public employment through open competitive process.
5.This being the procedures to be followed, mere engagement of the writ petitioner under the School Children Health Check-up Scheme would not confer any right on him to seek permanent appointment by filing of the Writ Petition. Thus, the writ petitioner has not made out any acceptable legal grounds nor established any legal right, so as to consider the relief as such sought for in the present Writ Petition. Accordingly, this Writ Petition stands dismissed. No costs. Consequently, connected miscellaneous petition is closed.