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2009 (7) TMI 1244 - SC - Indian LawsWhether as vacancies are not available in the department, there can be no question of regularizing the services of the respondents?
The Supreme Court judgment involves three Civil Appeals: No. 3720 of 2006, No. 6482 of 2008, and No. 6484 of 2008. The case concerns the regularization of employment for various individuals in Andhra Pradesh. The Employment Exchange sponsored the name of one respondent for a position, and despite multiple orders in favor of regularization, the respondent's service was terminated by the state government. The High Court directed the state to reconsider the cases of the respondents in accordance with relevant government orders and circulars. However, the Supreme Court overruled this decision, stating that the High Court should not have disregarded the Tribunal's final orders on regularization. The Supreme Court directed the State of Andhra Pradesh to comply with the Tribunal's orders within two months.
For Civil Appeal No. 6482 of 2008, the case involved a similar situation with the Tribunal directing regularization without clear vacancies available. The High Court directed the state to consider the cases of the respondents as per government orders. The Supreme Court overturned this decision, stating that regularization can only occur against clear vacancies, and as such, the High Court's order was set aside. Civil Appeal No. 6484 of 2008 had a parallel scenario with the Tribunal ordering regularization without clear vacancies, and the High Court directing consideration based on government orders. The Supreme Court ruled in line with the previous appeal, stating that without clear vacancies, there can be no regularization. The High Court's order was consequently set aside. In all three appeals, the Supreme Court emphasized that regularization can only occur against clear vacancies and directed the state to adhere to the Tribunal's orders within a specified timeframe. The High Court's decisions were overturned in favor of upholding the Tribunal's rulings.
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