Eligibility for regularization of daily wagers is determined by the fulfillment of the prescribed service period under applicable rules and the official recognition of their employment status by the competent authority.

Office Notes, reports, orders or proceedings

Date or directions

COURT’S OR JUDGE’S ORDERS

(2) Petitioner is claiming regularisation on the post of Turner. As per order dated 17.3.2018, passed by Chief Engineer (Mechanical), Irrigation Department, petitioner is serving as daily wager continuously since April, 1993. Petitioner’s claim for regularisation was earlier not considered on the ground that the Regularisation Rules framed by the State Government in 2013 was stayed by Division Bench of this Court. The stay granted by Division Bench of this Court has now been vacated and Writ Petition (S/B) No. 616 of 2018 was decided vide judgment dated 22.2.2024. Para 6, 7 and 8 of the said judgment are reproduced below:

“6. In the present case, there was an interim order of stay dated 04.12.2018, that no orders of regularization will be passed by the State Government, under the 2013 Rules. Hence, since 04.12.2018 no regularization orders have been passed. All those persons, who have been regularized as per the 2013 Rules before 04.12.2018, have worked for more than 13-14 years now. With respect to other candidates, who have to be regularized now, they can be regularized, as per the 2013 Rules, by taking into consideration 10 years’ service, instead of 05 years, as of now.

7. Accordingly, the 2013 Rules are being modified that, after 04.12.2018, 10 years’ period will be taken into consideration for regularization.

8. In view of the above, all the above mentioned Writ Petitions/ Special Appeals are disposed of. “

(3) The stand taken in the counter affidavit is that petitioner served as an outsourced employee from 1998 till 2017. Learned Senior Counsel appearing for the petitioner is right in submitting that Chief Engineer (Mechanical), in his order dated 17.3.2018, has treated the petitioner to be serving as daily wager throughout. Learned Senior Counsel submits that Chief Engineer, in the order dated 17.3.2018, has mentioned that vacancy is available on the post of Turner and recommendation was also made in respect of the petitioner for his regularisation. Learned Senior Counsel for the petitioner further submits that Regularisation Rules of 2013 were amended in December 2025 and as per amended rules, anyone who has completed 10 years as on 4.12.2018 is eligible for regularisation.

(4) Since petitioner is eligible for regularisation under Regularisation Rules of 2013 , therefore, the writ petition is disposed of with a direction to the competent authority to consider petitioner’s claim for regularisation under the applicable rules and pass necessary orders, as per law, within eight weeks from the date of presentation of certified copy of this order.

(5) Petitioner shall be at liberty to make representation regarding his other grievances, which, if made within two weeks from today, shall be decided by the competent authority, as per law, within eight weeks thereafter.