Secretary, State of Karnataka v. Uma Devi (3) (2006) held that Regularization of temporary, daily-wage, or ad hoc employees cannot be claimed as a matter of right
Citation: (2006) 4 SCC 1
This Constitution Bench judgment addressed the contentious issue of regularization of temporary, daily-wage, and ad hoc employees in government service. The Supreme Court categorically held that regularization cannot be claimed as a matter of right, and public employment must strictly adhere to constitutional provisions ensuring equality of opportunity under Articles 14 and 16. The Court observed that backdoor entries into public service through the device of temporary appointments followed by regularization defeat the constitutional scheme of equality. It held that if an employee was appointed without following the due procedure of open competition, such employee cannot claim regularization merely on the basis of length of service. However, the Court provided a one-time relief for those irregularly appointed who had completed ten years of continuous service as on the date of the judgment, directing their absorption subject to availability of vacant posts. This judgment has fundamentally shaped the law on regularization and has been consistently followed in subsequent cases.
Regularization of temporary, daily-wage, or ad hoc employees cannot be claimed as a matter of right
Public employment must adhere to constitutional provisions under Articles 14 and 16 ensuring equality of opportunity
Backdoor appointments and subsequent regularization defeat the constitutional scheme
Irregularly appointed employees who completed ten years of continuous service as on judgment date to be considered for absorption
State cannot perpetuate illegality by continuing illegal appointments and then regularizing them
Civil appeals filed against various High Court decisions on regularization
Case referred to Constitution Bench due to conflicting precedents
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Constitution Bench delivers landmark judgment settling the law on regularization