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IN THE HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR
ARUN MONGA
Sumera Ram S/o Sh. Chuna Ram – Appellant
Versus
State of Rajasthan – Respondent
ORDER :
1. Petitioners were appointed/employed on various Class-III & IV posts. They are continuing in service since their respective appointments. However, their services have not been regularized. Hence they seek directions to the respondents to regularize their services and grant consequential benefits.
2. Following tables show initial dates of appointments of petitioners and their respective posts:-
Table-(1) - Pertaining to CLASS-IV Employees (reserved on 19.02.2025)
| Sr. No. | CWP No. | Petitioners names | Appointed on | Post | Office/Department |
| 1. | 12662/2013 | Sumera Ram | 01.11.1995 | Cook | Department of Social Justice |
| 2. | 8314/2016 | Tola Ram | 27.11.1990 | Cook | Department of Social Justice, Pali |
| 3. | 10768/2016 | Narayan Katara | 1993 | Cook | Govt. Scheduled Caste Girls Hostel, Dungarpur |
| 4. | 15272/2016 | Rajendra Kumar | 20.07.1998 | Watchman | Department of Social Welfare, Hanumangarh |
| 5. | 5901/2019 | Manju Devi | 1989 | Safai Karamchari | CPWD, Mount Abu |
| 6. | 14756/2024 | Giradhari Lal & 4 others | 1995 & 1996 | Security Guard cum Cook | Department of Social Justice, Barmer, Jaipur, Dausa, Ganganagar |
| 7. | 1332/2025 | Khemraj Garg @ Khimraj Garg & Anr | 14.07.2014 & 01.07.2011 | Chowkidar | Assistant Director, Social Welfare Department, Pali & Bundi |
| 8. | 3260/2025 | Bhanwar Lal & Anr. | Oct, 2009 & Aug |
The court established that prolonged denial of regularization for employees with continuous service violates Articles 14 and 21, emphasizing substantive justice and the doctrine of legitimate expecta....
Public employees with irregular but legal appointments, having served over ten years, must be regularized based on established principles of administrative law and rights under the Constitution.
The court established that employees with irregular but not illegal appointments, who have served continuously for over ten years, are entitled to regularization and associated benefits, emphasizing ....
Appointments not being sponsored by the employment exchange, as prescribed under Rule 149(2) of the Rules, would only make the appointments irregular and not illegal.
Regularization of services for employees who have served for over ten years is a right that must be considered by the state, provided there are no valid objections, and the state must adhere to its o....
The court emphasized that long-serving employees misclassified as part-time should be considered for regularization under applicable government orders, ensuring adherence to principles of natural jus....
Regularization of long-serving daily wage employees is mandated after 10 years of service, acknowledging functional continuity despite initial irregularities, violating constitutional rights otherwis....
Court established that employees working for over ten years on sanctioned posts are entitled to regularization under established rules, reinforcing protections against arbitrary dismissal.
The court established that long-term service and existing vacancies can warrant regularization, even if initial appointments were irregular, provided the employees meet certain criteria.
Long-term employees engaged in continuous service are entitled to regularization and benefits even post-retirement if their claims remain pending during their service, subject to compliance with appl....
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