DHARAM SINGH & ORS. versus STATE OF U.P. & ANR.

DHARAM SINGH & ORS. versus STATE OF U.P. & ANR.

The State's refusals dated 11.11.1999 and 25.11.2003 to sanction/create the Commission's proposed Class-III/Class-IV posts to meet perennial ministerial/attendant/driver work were arbitrary and unsustainable; appellants who performed continuous and perennial duties since their engagement between 1989-1992 are entitled to regularization with effect from 24.04.2002 by creation of supernumerary posts in the corresponding cadres, placement at not less than the minimum of the regular pay-scale with protection of last-drawn wages if higher, payment of arrears for the period 24.04.2002 until regularization/retirement/death with prescribed timelines and interest for default, recalculation of...

Parties
Appellant(s): Dharam Singh & Ors.; Respondent(s): State of U.P. & Anr.
Jurisdiction
India
Judgment Date
19 August 2025
Procedural Posture
Civil Appeal No. 8558 of 2018 / Judgment on Appeal
Outcome
Appeal allowed
Legal Topics
Regularization, Refusal to Sanction Posts, Perennial Nature of Duties, Ad Hoc Employment, Outsourcing, Equity, Articles 14, 16 and 21 of the Constitution
Service Law Constitutional Law Administrative Law Regularization Refusal to Sanction Posts Perennial Nature of Duties Ad Hoc Employment Outsourcing +2 more

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Parties

Dharam Singh & Ors.

Appellant(s)

State of U.P. & Anr.

Respondent(s)

Procedural Posture

Civil Appeal No. 8558 of 2018 / Judgment on Appeal

Legal Issues

  1. 1 Whether the High Court erred in failing to adjudicate the appellants' challenge to the State's refusals to sanction posts dated 11.11.1999 and 25.11.2003
  2. 2 Whether appellants engaged as daily-wagers between 1989 and 1992 doing perennial work are entitled to regularization and relief
  3. 3 Whether a supervening reorganisation/merger and a later policy to outsource Class-III/Class-IV functions extinguish accrued claims or affect the remedy

Ratio Decidendi

The State's refusals dated 11.11.1999 and 25.11.2003 to sanction/create the Commission's proposed Class-III/Class-IV posts to meet perennial ministerial/attendant/driver work were arbitrary and unsustainable; appellants who performed continuous and perennial duties since their engagement between 1989-1992 are entitled to regularization with effect from 24.04.2002 by creation of supernumerary posts in the corresponding cadres, placement at not less than the minimum of the regular pay-scale with protection of last-drawn wages if higher, payment of arrears for the period 24.04.2002 until regularization/retirement/death with prescribed timelines and interest for default, recalculation of...

Court Disposition

Appeal allowed

Orders

  • State's refusals dated 11.11.1999 and 25.11.2003 quashed insofar as they concern the Commission's proposals for sanction/creation of Class-III and Class-IV posts to address perennial ministerial/attendant work
  • All appellants shall stand regularized with effect from 24.04.2002 by creation of supernumerary posts in corresponding cadres (Class-III Driver or equivalent; Class-IV Peon/Attendant/Guard or equivalent) and be placed at not less than the minimum of the regular pay-scale with protection of last-drawn wages if...