SATYA PRAKASH & ORS. versus STATE OF BIHAR & ORS.

SATYA PRAKASH & ORS. versus STATE OF BIHAR & ORS.

Appellants are not entitled to regularization because they were never appointed to any sanctioned posts, only engaged on daily wages. Para 53 of Uma Devi's judgment applies only to irregular appointments in sanctioned posts, not to daily wage or ad hoc employees. The directions sought cannot be granted following the constitutional scheme of public employment.

Parties
Appellant: Satya Prakash & Ors.; Respondent: State of Bihar & Ors.
Jurisdiction
India
Judgment Date
16 March 2010
Procedural Posture
Civil Appeal / Supreme Court Final Disposal
Outcome
Appeal dismissed
Legal Topics
Regularization of Daily Wage Workers, Public Employment, Irregular Appointments, Selection Process
Labour Law Regularization of Daily Wage Workers Public Employment Irregular Appointments Selection Process

Case Brief

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Parties

Satya Prakash & Ors.

Appellant

State of Bihar & Ors.

Respondent

Procedural Posture

Civil Appeal / Supreme Court Final Disposal

Legal Issues

  1. 1 Whether daily wage workers who have worked for more than 10 years are entitled to regularization on the strength of Uma Devi's judgment
  2. 2 Whether the benefit of regularization extends to those not appointed in sanctioned posts

Ratio Decidendi

Appellants are not entitled to regularization because they were never appointed to any sanctioned posts, only engaged on daily wages. Para 53 of Uma Devi's judgment applies only to irregular appointments in sanctioned posts, not to daily wage or ad hoc employees. The directions sought cannot be granted following the constitutional scheme of public employment.

Court Disposition

Appeal dismissed

Orders

  • If Board undertakes regular selection process in future, appellants' applications may be considered with age relaxation and weightage for previous engagement.