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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
| Table of Content |
|---|
| 1. petitioner's request for service acknowledgment. (Para 1) |
| 2. factual background of petitioner's service history. (Para 2) |
| 3. arguments against treating petitioner’s service as substantive. (Para 3) |
| 4. preliminary objections raised by respondents. (Para 5) |
| 5. court observations on maintainability of writ. (Para 6 , 8) |
| 6. main thrust of petitioner’s argument. (Para 11 , 12) |
| 7. supreme court's stance on regularization and appointment. (Para 16 , 17) |
| 8. institutional responsibility regarding employment. (Para 20) |
| 9. factors for considering petitioner’s claim. (Para 23 , 24) |
| 10. final conclusion on petitioner’s service and entitlements. (Para 28 , 29) |
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 respo
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.
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