AIROnline 2025 SC 763

Supreme Court Of India

(From : Allahabad)

Hon'ble Judge(s): Vikram Nath, Sandeep Mehta , JJ

Constitution of India , Art.226— Regularisation - Rejection of claim - Legality - Appellants were engaged as daily wagers and continuously discharged duties of Class-III and Class-IV nature in U.P. Higher Education Services Commission - Single bench as well as Division bench of High Court had disposed of writ petition on mechanical enquiry about "rules" and "vacancy" ignoring core question of arbitrariness in State's refusal to sanction posts despite perennial need and long service - Non-speaking rejection on a generic plea of "financial constraints", ignoring functional necessity and employer's own longstanding reliance on daily wagers to discharge regular duties, did not meet the standard of reasonableness expected of a model public institution - Considering long, undisputed service of appellants, admitted perennial nature of their duties, and material indicating vacancies and comparator regularisations, directions were issued to regularise them, create Supernumerary posts and pay arrears Special Appeal No. 1245 of 2009,D/-08-02-2017 (ALL)-ReversedAIR 2006 SC 1806-DistinguishedAIROnline 2025 SC 108-Relied on (Para 7 8 9 15 19) .....