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Supreme Court of India · 21/05/2026

SUKHENDU BHATTACHARJEE AND OTHERS versus THE STATE OF ASSAM AND OTHERS

[2026] 6 S.C.R. 539 · 2026 INSC 523

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Summary

The Supreme Court held that Assam Muster Roll and Work Charged workers engaged before 1 April 1993, left out by clerical lapses from the Cabinet decision of 22 July 2005 under which about 30,000 identical workers were regularised, could not be denied regularisation by relying on Umadevi. Their claim rested on parity under Article 14, and the State's 2012 O.M. reversed undertakings given to the High Court. It also clarified that Work Charged employees form a distinct class and set aside a related pension ruling.

Issues

  1. Whether workers engaged before 01.04.1993, excluded by clerical error from the Cabinet decision dated 22.07.2005, could be denied regularisation on the ground that they were not appointed against sanctioned posts and that Umadevi bars regularisation.
  2. Whether the State could, by the O.M. dated 16.06.2012, resile from its policy and from undertakings given to the High Court to regularise left-out workers.
  3. Whether the State needed the Court's permission to implement its own regularisation policy.
  4. Whether the High Court's adverse observations could bind Work Charged employees who were not heard, and whether the related denial of pensionary benefits to ferry-service Muster Roll workers could stand.

Provisions considered

Held

Result

C.A. Nos. 4514-4518 of 2025 allowed; Division Bench judgment of 08.06.2017 set aside and Single Judge's judgment affirmed; appellants engaged before 01.04.1993 to be treated as regularised from the date the 30,000 workers were, with supernumerary posts where needed and consequential and pensionary benefits (notional for retirees, to heirs of deceased) within one year. C.A. Nos. 4519, 4520 and 4523 of 2025 disposed of with liberty to pursue pension claims, Work Charged employees being a distinct class. No costs.

Judgment PDF: Supreme Court of India, [2026] 6 S.C.R. 539.