The Madras High Court has directed the Puducherry government not to recruit employees for Pondicherry Engineering College (PEC) either as daily wage earners or on contract basis till the posts earmarked for SC were filled through a transparent selection process.
The court also observed that the initial appointment on daily wages and regularisation thereafter appears to be the modus operandi in the Union Territory for legalising the back door appointment.
A division bench of Justices KK Sasidharan and R Subramanian made the observation yesterday while disposing of an appeal filed by the Puducherry government challenging a single judge order to appoint two persons, whose application for the position of Helpers in the college was not considered.
The matter relates to the policy decision of the territorial government to give preference to people, whose lands were acquired for setting up the Engineering College at Kalapet.
The college had appointed 132 people from the category of land affected persons initially on Non Muster Roll basis and later regularised their services.
Earlier, a single judge had passed orders on petitions by M Velmurugan and G Velusamy, whose applications for the post of helpers were rejected.
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They had contended that though a notification was issued in 2005 for filling up 17 posts of Helpers under the SC category, without taking follow up action, the authorities had appointed 23 persons on contract basis and later regularised their services.
The single judge had without quashing the order of regularisation, directed the Puducherry administration to appoint the petitioners as helpers.
Challenging the order of Single Judge, the territorial government filed the present appeal.
When the matter came up, the bench said, "The learned single Judge was not correct in directing the appellant to appoint the writ petitioners notwithstanding the ban for recruitment and the poor financial condition of the college."