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HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR
GANESH RAM MEENA
Babu Lal Meena S/o Shri Buddha Ram Meena – Appellant
Versus
State of Rajasthan, through Commissioner, Transport – Respondent
ORDER :
Ganesh Ram Meena, J.
1. The instant writ petition has been filed by the petitioner under Article 226 of the Constitution of India with the following prayers:-
“(i) To issue directions to the respondents for counting the length of service rendered by the petitioner from 18.10.1986 till 02.11.1992 to be continuous and regular for the purpose of giving the benefit of seniority, promotion and selection scale and to determine the seniority of the petitioner on the basis of his appointment in the year 1986 and accordingly the respondents be directed to issue appropriate orders so that the petitioner be given due benefit of promotion on the post of L.D.C. from an earlier date; while for rectifying the seniority list dated 20/06/2003.
(ii) to issue writ, order or direction giving a declaration against the respondents to treat date 18.10.1986 as the date of initial appointment so as to make the petitioner eligible and entitled for all consequential benefits in the cadre;
(iii) any other relief which this Hon'ble Court and deems just and proper in the facts circumstances of the case may also be passed in favour of the petitioner.”
2. The facts borne out from the pleadings are that vide ord
Lengthy service by an employee on ad-hoc basis, when performed against a sanctioned post, must be counted towards seniority and benefits, ensuring equitable treatment in state employment.
Long-term temporary employment in a sanctioned post qualifies employees for regularization when no lawful recruitment process is conducted, affirming their rights and job security.
The court emphasized that rights to regularization must not be undermined by interim orders, as continuous service in a permanent role bears entitlement to regularization under fair labor practices.
Long-term daily wage employees, after 10 years of service, are entitled to regularization as established by Supreme Court principles in employment law.
The court affirmed that employees with long, uninterrupted service in government positions, labeled 'casual,' are entitled to regularization under fairness and justice principles in public employment....
The court affirmed the obligations of the State to regularize long-serving employees in essential roles, emphasizing fair employment practices and adherence to constitutional provisions.
Continuous long service in essential roles grants employees the right to regularization despite initial contractual labels, promoting equity in employment practices.
The State must uphold fair employment practices, ensuring that longstanding contractual employees receive regularization if their roles are recurring and essential to the organization.
The court ruled that employees employed for lengthy periods cannot be denied regularization of service, emphasizing principles of fairness and equality under the Constitution.
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