Facts
The petitioners, appointed between 1996 and 1998, sought regularization and regular pay scales after completing 10 years of service
Source reference: p. 1Previously, the High Court in W.P. No. 2686/2016 directed the respondents to consider the petitioners' representation
Source reference: para. 2On 02.05.2016, the respondents rejected the claim, asserting that the petitioners were part-time employees and thus ineligible for regularization rules
Source reference: para. 2The petitioners challenged this rejection, producing evidence (Annexure P/2 and a 2004 order) showing that similarly situated part-time workers had been regularized and that the petitioners had been re-engaged at Collector rates under a 1988 policy, working uninterruptedly for decades
Source reference: para. 3Issues
1. Whether the petitioners, despite being labeled as "part-time" employees, are entitled to be considered for regularization based on their continuous long-term service and treatment as daily wagers
Source reference: paras. 3, 52. Whether the respondent's rejection of the petitioners' representation was sustainable in light of the principles governing the regularization of long-serving temporary employees
Source reference: paras. 4, 5Law Applied
The Court primarily applied the principles of regularization established in State of Karnataka v. Uma Devi, which distinguishes between "illegal" and "irregular" appointments and mandates a one-time regularization for employees in sanctioned posts with over ten years of service
Source reference: para. 4It further relied on recent Supreme Court precedents in Jaggu v. Union of India (2024 SCC Online SC 3826) and Pawan Kumar v. Union of India (SLP (C) No. 29214/2019), which caution against the "selective application" of Uma Devi to deny claims of long-serving employees who have rendered indispensable service
Source reference: para. 4Reasoning
The Court observed that while the respondents labeled the petitioners as part-time, the factual record—specifically the uninterrupted service since 1996-1998 and payment at Collector rates—suggested they were effectively daily wagers rather than mere part-time laborers
Source reference: para. 3The Court found that similarly situated persons in the same department had already been regularized
Source reference: para. 3Applying the logic from Jaggu and Pawan Kumar, the Court reasoned that government departments must lead by example and cannot weaponize procedural formalities or misinterpret Uma Devi to reject the legitimate claims of workers who have served for decades
Source reference: para. 4Since the petitioners’ roles appeared integral and their service was continuous, the Court determined that their claim required fresh consideration under the prevailing legal framework
Source reference: para. 5Holding
The Court held that the petitioners' long-term service and payment at Collector rates warranted a reconsideration of their status
The High Court disposed of the writ petition by setting aside the impugned rejection and remitting the matter to the respondent authorities. The respondents were directed to decide a fresh representation, to be filed by the petitioners within 15 days, within a period of two months, strictly in light of the cited Supreme Court judgments and government policy
Source reference: paras. 5, 6, 7Original Court PDF
Raj Kumar BamanvsThe State Of Madhya Pradesh
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