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Supreme Court of India 2023-04-11 allowed

AND ANR. ETC. ETC vs TAMIL NADU MAKKAL NALA

Bench: 2 — Ajay Rastogi, Bela M. Trivedi

In Brief

The Supreme Court reversed the High Court's direction to reinstate and regularize workers (Makkal Nala Paniyalargal) whose employment under a temporary government scheme was discontinued in 2011. The Court held that temporary employees appointed on fixed terms in a temporary scheme cannot claim regularization or absorption into permanent posts when the scheme is disbanded. Courts lack jurisdiction to direct creation of posts, which is an executive function. The judgment affirmed that while policy decisions are reviewable under Article 14, the scheme's discontinuation was a valid exercise of executive discretion. However, workers not engaged under an alternative 2022 scheme remain entitled to receive six months' honorarium (Rs. 25,851) for December 2011 to May 2012 upon application.

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