1. Petitioners seek regularization in their respective posts based on long-term service parity and prevailing government policy circulars. (Para 1 , 2 )
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2026 Supreme(Online)(MP) 123469
IN THE HIGH COURT OF MADHYA PRADESH AT INDORE
Pavan Kumar Dwivedi, J
Ganesh Kumawat – Appellant
Versus
State of Madhya Pradesh – Respondent
WRIT PETITION No. 18735 of 2026
Important Points
Petitioners seeking regularization of services are entitled to have their cases considered by the State Government in accordance with applicable policies and subject to the availability of vacancies.
Subject
Service Law - Regularization
Headnote
(A) Service Law - Regularization - Consideration of employees for regularization based on State Government policies and availability of vacancies. (Para 3, 4)
Issues: Whether the petitioners are entitled to regularization of their services in accordance with State Government policies.
Issues: Whether the petitioners are entitled to regularization of their services in accordance with State Government policies.
Legal Category Hierarchy
Advocates:
For the Appellants/Petitioners: Rajeev Kumar Jain
For the Respondents: Rajvardhan Gawde
For the Appellants/Petitioners: Rajeev Kumar Jain
For the Respondents: Rajvardhan Gawde
Table of Contents
2. Petitioners contend parity with regularized counterparts, while the State submits that such regularization is strictly conditional upon the availability of vacancies. (Para 2 , 3 )
3. The court requires the State authorities to evaluate the petitioners' claims for regularization by strictly adhering to the extant government circulars. (Para 4 )
4. Administrative authorities are legally obligated to consider regularization claims in accordance with existing government policy and the overarching framework of vacancy availability. (Para 3 , 4 )
5. The court disposes of the petition with a direction to the authorities to consider the petitioners' case for regularization as per notified government circulars. (Para 4 )
6. Does the right to regularization for long-term employees depend on the availability of vacancies?
Yes. The court recognizes that regularization, even when grounded in parity with others, remains legally subject to the availability of vacancies within the state services. (Para 3 , 4 )
7. Must the government consider regularization claims pursuant to its own policy circulars?
Yes. Once policies have been issued by the government regarding the regularization of personnel, the administration is required to consider specific claims in light of those circulars. (Para 2 , 4 )
ORDER
Petitioners have filed this present petition seeking regularization on the post on which they are working since last so many years.
2. It is submitted that similarly situated persons have been regularized hence, the case of the petitioners be also directed to be considered in accordance with the policy of the State Government dated19.10.2005, 17.12.2008 and 26.06.2015.
3. Learned counsel for the State submits that the case of similarly situated persons were considered subject to availability of vacancies. Hence, the case of the petitioner may also be considered subject to availability of the vacancies in future.
4. In view of the aforesaid submission, respondents are directed to SS1 S 0 iii ggg:3 nnn a 1 ein t : du g1 r 9 bt e i ym A N: MeSo :Rt 2 VE3 eE- r OVifi cIeDt d -2Y6A consider the case of the petitioners in light of the circulars issued by the State Government.
With the aforesaid, the petition stands disposed of.
