The Allahabad High Court has directed that a deceased work-charge employee of the Uttar Pradesh Rural Engineering Department be treated as regularised from the date he became eligible, holding that his death could not extinguish his accrued right to consideration for regularisation.
Justice Indrajeet Shukla also awarded ₹50,000 as costs to the petitioner, observing that the authorities had repeatedly rejected the claim on a ground that had already been set aside by the Court.
Background of the Case
The case concerned Rifakat Hussain, father of petitioner Hasan Ahmad, who was engaged as a Junior Assistant in the Work Charge Establishment of the Rural Engineering Department, Block Hardoi, on November 1, 1985. He continued working for more than 18 years before his death on August 11, 2012.
A seniority list prepared for regularisation in 2005 included his name at serial number 58. In June 2012, the State Government sanctioned 172 Group-C posts for regularisation of daily-wage, work-charge and court-case employees. However, Rifakat Hussain died before the regularisation process could be completed.
His family subsequently approached the High Court several times. In January 2023, the Court had specifically directed the authorities to consider his regularisation and, if the claim succeeded, thereafter consider the claim for compassionate appointment.
Despite that direction, the authority again rejected the claim in March 2023, substantially relying on the same reasoning that had already been rejected by the Court.
Court's Observation
Justice Shukla held that the authority had acted contrary to the earlier binding direction of the Court. The High Court observed that the right to consideration for notional regularisation could survive the death of an employee where the right had already accrued and could have consequential benefits for the legal heirs.
The Court further relied on the Division Bench ruling in State of U.P. v. Kuldeep Thakur, which recognised that an employee's pending claim for regularisation does not disappear merely because the employee dies before the authorities complete the process.
“The right of consideration of regularization when accrued, travels with the person and in their absence, survives through their legal representatives,” the Court observed.
The Court also noted that Rifakat Hussain had rendered around 18 years of service and that the authorities had failed to provide a valid reason, apart from his death, for repeatedly refusing consideration of his claim. It held that technicalities could not be permitted to defeat the substantive claim in the circumstances of the case.
Decision
The High Court held that Rifakat Hussain shall be deemed to have been regularised from the date on which he became eligible, with consequential monetary and other benefits to be extended to his legal heirs.
The Court further directed the authorities to consider Hasan Ahmad's claim for compassionate appointment under the U.P. Recruitment of Dependants of Government Servants Dying in Harness Rules, 1974. If the matter was beyond the competence of the second respondent because of delay or any other valid reason, it was directed to be placed before the State Government for consideration under the relevant provisions.
The entire exercise was ordered to be completed within two months from production of the certified copy of the order.
The Court also awarded ₹50,000 in costs to the petitioner and allowed the writ petition.
Case Details:
Case Title: Hasan Ahmad v. State of U.P. Thru. Secy. Rural Engineering Deptt. U.P. Lko. and 2 Others
Case Number: Writ-A No. 4739 of 2024
Judge: Hon'ble Justice Indrajeet Shukla
Decision Date: August 6, 2026
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