Name of the Case: DHARAM SINGH & ORS. vs. STATE OF U.P. & ANR.
Citation: 2025 INSC 998
Hon’ble Bench: JUSTICE VIKRAM NATH AND JUSTICE SANDEEP MEHTA
Date: 19.08.2025
The Hon’ble Supreme Court held that the State as a Constitutional Employer cannot exploit the workers by engaging them on long term ad-hoc or on daily wage basis for performing perennial and recurring work. The Hon’ble Court stated that the generic grounds like Financial Constraints or absence of sanctioned posts cannot be used as a justification to deny regularization where employees have been continuously discharging essential functions. The Hon’ble Supreme Court held that selective regularization in the same establishment, while continuing the appellants on daily wages despite comparable tenure and duties with those regularized, is a clear violation of Article 14, 16 and 21 of the Constitution of India.
In this case, five Class – IV employees and a Driver (appellants), who had been serving the U.P. Education Services Commission from 1989-1992 were denied regularization on the ground of lack of sanctioned posts and financial restraints by the State order dated 11.11.1999. The appellants approached the Hon’ble Allahabad High Court, praying for quashing the State’s order for denying regularization and creation of fourteen posts in Class III/IV for the Commission with regular pay. The Hon’ble Allahabad High Court supported the States decision to deny regularization and rejected the appellants plea. However, while deciding this case in appeal the Hon’ble Supreme Court quashed the State’s refusals, directed the creation of supernumerary posts, ordered regularisation of the appellants with effect from 24.04.2002, and granted consequential arrears and service benefits, reaffirming that financial constraints cannot be used to justify denial of fairness, equity, and dignity in public employment.
