The Madras High Court dismissed a woman s plea for regularisation as a scavenger at a veterinary hospital, holding that long service under MGNREGA does not confer a right to permanent employment.
The Madras High Court dismissed a woman’s plea for regularisation as a scavenger at a veterinary hospital, holding that long service under MGNREGA does not confer a right to permanent employment. However, the court urged policymakers to explore deploying MGNREGA workers in agriculture to address labour shortages and improve rural productivity.
Noting that the public welfare programmes must evolve with changing economic conditions, Justice B Pugalendhi said that the MGNREG Scheme was conceived at a time when most public works were executed manually. At that time, activities such as desilting ponds, digging channels, clearing vegetation and similar works required substantial manual labour. Today, many such activities can be completed far more efficiently through the use of modern machinery.
“The purpose of such an arrangement need not be to confer any right to permanent employment. The distinction between engagement under a welfare scheme and appointment to public services would continue to remain. At the same time, the availability of labour under the MGNREG Scheme may be channelled towards activities that directly contribute to agricultural production and rural economic growth,” the court said on June 22.
Noting that a task which used to require several workers over many days can often be completed by a trained machine operator within a fraction of the time nowadays, the order posed a question whether labour should continue to be deployed predominantly for activities that can now be effectively undertaken through mechanisation, or whether a portion of such labour can be redirected towards sectors where there exists a genuine and continuing demand for human effort.
Acknowledging the government’s stand, the court said it raises certain larger questions, such as whether the workers under the MGNREG Scheme can be engaged for years together in a rural Animal Husbandry institution for carrying out recurring activities required for its day-to-day functioning; it would indicate the existence of a genuine and continuing requirement for labour.
The order noted that it would also suggest that the Scheme is being utilised for meeting manpower requirements in certain rural institutions, and agriculture presents one such sector.
Highlighting that the farmers across the state frequently complain of an acute shortage of labour for agricultural operations, the order emphasised that if MGNREG scheme workers can be utilised for meeting the labour requirements in a rural government institution, it may be worthwhile to examine whether a suitable framework can also be devised for productive engagement in the agricultural sector.
It stated that such a model could also involve sharing the wage burden between the Government and the farmer, thereby ensuring employment for workers, addressing the labour shortages faced by farmers and reducing the overall burden on the public exchequer.
Drawing attention to the more elaborate policy deliberation on the issue, the court said that the practical modalities, eligibility conditions, safeguards against misuse, extent of mechanisation, ensuring protection of workers’ interests and monitoring mechanisms are matters that would fall within the domain of policy makers and experts in the field.
“However, the circumstances brought to the notice of this Court suggest that the issue may deserve a fresh examination,” it added.
Justice Pugalendhi noted that the public welfare programmes must evolve with changing economic conditions, technological advancements and ground realities. He said that if technology can efficiently perform certain categories of work, and if there exists a simultaneous shortage of labour in other productive sectors such as agriculture, it may be worthwhile for the policymakers to explore whether available human resources can be utilised in a manner that better serves the interests of workers, farmers and the rural economy as a whole.
The petitioner was working as a Scavenger in the sanctioned vacancy of the Veterinary Hospital in Alakarai in Trichy district, and placed in the time scale of pay considering the nature of work and long period.
The petitioner claimed that she was engaged in 2016 and has been allowed to continue working at the same place for the past nine years. She claimed that the Block Development Officer has proposed to regularise her services; however, it has not been considered.
Therefore, the petitioner has submitted a representation and has filed the petition seeking the issuance of a mandamus to absorb her as a Scavenger in the sanctioned vacancy of the hospital.
Appearing for the state, the Additional Advocate General Veerakathiravan disputed the petitioner’s claim that she is working as a Scavenger in the hospital and on instructions, and also by referring to the letter dated December 20, 2021 of the assistant medical officer, veterinary hospital, Alakarai, submitted that the petitioner has been engaged temporarily and she has been paid under the Mahatma Gandhi National Rural Employment Guarantee Scheme (MGNREGA). Therefore, he submitted that the petitioner is not entitled to regularisation.
Jagriti Rai works with The Indian Express, where she writes from the vital intersection of law, gender, and society. Working on a dedicated legal desk, she focuses on translating complex legal frameworks into relatable narratives, exploring how the judiciary and legislative shifts empower and shape the consciousness of citizens in their daily lives. Expertise Socio-Legal Specialization: Jagriti brings a critical, human-centric perspective to modern social debates. Her work focuses on how legal developments impact gender rights, marginalized communities, and individual liberties. Diverse Editorial Background: With over 4 years of experience in digital and mainstream media, she has developed a versatile reporting style. Her previous tenures at high-traffic platforms like The Lallantop and Dainik Bhaskar provided her with deep insights into the information needs of a diverse Indian audience. Academic Foundations: Post-Graduate in Journalism from the Indian Institute of Mass Communication (IIMC), India’s premier media training institute. Master of Arts in Ancient History from Banaras Hindu University (BHU), providing her with the historical and cultural context necessary to analyze long-standing social structures and legal evolutions. ... Read More