VidhiSangh

Supreme Court of India · 19/08/2025

DHARAM SINGH & ORS. versus STATE OF U.P. & ANR.

[2025] 8 S.C.R. 1026 · 2025 INSC 998

AI-generated headnote. Verify against the judgment before relying on it. Paragraph numbers refer to the judgment.

Summary

Daily-wage Class-III and Class-IV employees of the U.P. Higher Education Services Commission, engaged between 1989 and 1992, had challenged the State's refusals to sanction the posts the Commission itself had proposed. The Supreme Court held that the High Court erred in treating the writ petition as a bare plea for regularisation governed by Umadevi instead of adjudicating the challenge to the State's refusals; non-speaking refusals citing only financial constraints, ignoring perennial work and decades of reliance on the same workers, were arbitrary and were quashed. The Court directed creation of supernumerary posts and regularisation of the appellants with effect from 24.04.2002 with arrears.

Issues

  1. Whether the High Court erred in failing to adjudicate the appellants' principal challenge to the State's refusals dated 11.11.1999 and 25.11.2003 to sanction posts, treating the matter as a mere plea for regularisation.
  2. Whether the State's refusals to sanction posts on a generic plea of financial constraints, despite the Commission's own proposals and the perennial nature of the work, were arbitrary.
  3. Whether the decision in Umadevi barred relief to the appellants.
  4. Whether the 2024 merger of the Commission into a successor body and a later policy of outsourcing Class-IV and driver functions extinguished the appellants' claims.
  5. What relief should follow having regard to the appellants' long and undisputed service.

Provisions considered

Held

Result

Appeal allowed; High Court judgment set aside; State's refusals dated 11.11.1999 and 25.11.2003 quashed as regards sanction of Class-III and Class-IV posts. All appellants regularised from 24.04.2002 against supernumerary posts to be created, at not less than the minimum of the regular pay scale with increments and seniority from that date; arrears of pay difference from 24.04.2002 payable within three months, with 6% compound interest on default; retired and deceased appellants' terminal dues recalculated and paid within three months; compliance affidavit within four months; no costs.

Judgment PDF: Supreme Court of India, [2025] 8 S.C.R. 1026.