Regularisation cannot be granted for aided-school service rendered without a sanctioned post or departmental approval.

K. Ramaiah was engaged by the second respondent, a Government-aided minority school, as a Part-Time Scavenger on 1 April 2001 and was paid consolidated remuneration.

Although he contended that he functioned as a full-time employee and that his salary was paid by the Education Department, there was no appointment order appointing him to a full-time post.

He was relieved/allowed to retire from service on 7 July 2017.

After approximately one year, he filed W.P. No.18996 of 2018 seeking regularisation with effect from 1 April 2001 and consequential monetary benefits.

The Single Judge allowed the writ petition. The State authorities preferred the present writ appeal challenging that order.

Whether a person engaged as a Part-Time Scavenger in a Government-aided school, without appointment to a sanctioned full-time post or approval by the Education Department, could claim regularisation and consequential Government service benefits.

Whether the Single Judge’s order granting regularisation was legally sustainable in the absence of a sanctioned post and departmental approval.

The Court applied the principle that regularisation cannot be granted where the initial engagement was not against a sanctioned post and the appointment was not approved by the competent Government department.

Engagement on consolidated pay as a part-time employee, without appointment through an authorised process or against an approved full-time post, does not by itself confer entitlement to regular Government employment, regularisation, or benefits applicable to Government employees.

The Court further held that any salary or terminal benefits otherwise due in respect of such engagement would have to be settled by the school management, rather than by the Education Department.

No specific statutory provision or judicial precedent was cited in the judgment.

The Court found that Ramaiah’s engagement was admittedly as a Part-Time Scavenger and that no appointment order, sanctioned full-time post, or departmental approval existed.

Since the appointment was not made against a sanctioned post and was not approved by the Education Department, the foundational conditions for claiming regularisation in Government service were absent.

His long service, payment of consolidated remuneration, and continuation until 2017 could not convert the unauthorised or non-sanctioned engagement into a regular appointment carrying Government service benefits.

Accordingly, the Single Judge’s direction to regularise his services was held to be contrary to law.

The order dated 27 November 2024 in W.P. No.18996 of 2018, which had granted regularisation, was set aside.

The Court held that Ramaiah was not entitled to regularisation or consequential Government benefits because he had neither been appointed to a sanctioned post nor obtained departmental approval.

No order as to costs was made, and the connected miscellaneous petition was closed.