No Regular Work Can Be Taken From Ad-hoc Employees Without Sanctioned Posts : Supreme Court
The Supreme Court, in Dharam Singh & Ors. vs State of U.P. & Anr., set aside the Allahabad High Court judgment that had denied regularization of ad-hoc employees at the U.P. Higher Education Services Commission. The employees—five Class-IV workers and a Driver—had been continuously serving since 1989–1992 but were denied regularization on grounds of initial appointment as daily wagers, financial constraints, and absence of sanctioned posts.
Key Supreme Court Findings:
Ad-hocism & Exploitation: Relying on Jaggo v. Union of India and Shripal v. Nagar Nigam, Ghaziabad, the bench of Justices Vikram Nath and Sandeep Mehta ruled that the State cannot exploit workers through indefinite ad-hoc arrangements for perennial work.
State as a Constitutional Employer: The Court emphasized that both Union and State governments are constitutional employers bound by Articles 14, 16, and 21 of the Constitution of India. They cannot balance budgets by denying fair employment to those performing recurring public functions.
Duty to Create Sanctioned Posts: The State must create sanctioned posts for permanent, recurring work and cannot justify prolonged insecurity with vague claims of “financial constraints.”
Transparency & Accountability: The Court noted that “ad-hocism” thrives in opaque administration and mandated proper establishment registers, muster rolls, and outsourcing records to ensure fairness in employment practices.
On Selective Regularisation:
The Court found that the appellants were discriminated against since similarly situated employees were regularized. Selective regularization, while continuing others on daily wages, was held to be a clear violation of equity and constitutional principles.
Justice Vikram Nath, writing the judgment, stressed that the State must:
Regularize all perennial workers.
Create budgets and sanctioned posts for lawful engagement.
Implement judicial directions in letter and spirit.
Avoid conscious delays that erode workers’ livelihoods and dignity.
Supreme Court’s Directions:
Immediate Regularization: Appellants to be regularized with effect from 2002.
Supernumerary Posts: Where sanctioned posts are unavailable, supernumerary posts must be created in Class-III (Driver) and Class-IV (Peon/Attendant/Guard) cadres.
Back Wages & Benefits: Employees entitled to full back wages, continuity of service, and consequential benefits.
Pay Protection & Seniority: Placement in regular pay-scale with protection of last-drawn wages, increments as per grade, and seniority from the date of regularization.