Co-Terminus Employees Are Not Entitled to Regularization Following Termination of the Appointing Authority's Term

The respondent, V. Mourthy, was engaged as a "Co-Terminus" employee by the Government of Puducherry.

His services were terminated on 05.07.2018 following the expiry of the term of the Authority who had engaged him.

The respondent approached the Central Administrative Tribunal (CAT), Chennai Bench, seeking regularization of his service.

On 25.07.2023, the CAT disposed of O.A. No. 310/521/2019 by directing the petitioners to examine the respondent's case for regularization if he was found to still be in service.

The Union of India challenged this order via a Writ of Certiorari, contending that the respondent’s service had already ended by operation of law and a specific termination order.

1. Whether a Co-Terminus employee, whose appointment is linked to the tenure of a specific Authority and who has been formally terminated, has a legal right to seek regularization of service.

2. Whether the CAT’s direction to examine the case for regularization was sustainable when the underlying termination order remained unchallenged.

The Court applied the legal principle governing "Co-Terminus" appointments, which clarifies that such employees are appointed at the choice of specific Authorities without a standard recruitment process, and their tenure is strictly co-extensive with the term of the appointing Authority.

The court relied on the principle of finality in administrative actions, noting that if an order of termination remains unchallenged, a subsequent claim for regularization cannot be entertained.

The High Court observed that the respondent was a Co-Terminus employee whose services automatically expired with the term of his employer.

The court noted that the CAT's direction was conditional upon the respondent being "still in service"; however, the respondent had actually been terminated on 05.07.2018, a fact not brought to the CAT's notice during the final hearing.

Since the termination order was never challenged by the respondent, it attained finality. The Court reasoned that once the service relationship was legally severed and the termination order was valid, there was no legal basis for the Government to "re-examine" or "regularize" a non-existent service.

The Court held that since the respondent was a Co-Terminus employee and his termination order dated 05.07.2018 remained final and unchallenged, the question of regularization did not arise.

No costs were awarded.