In a significant judgment, the Rajasthan High Court has ordered the State Government to regularize the services of employees appointed as far back as 1979. These employees, although appointed through irregular or even illegal means, have served continuously for decades without formal regularization.
Justice Arun Monga emphasized that continuous service over such a long period, even if the appointment was irregular in form, deserves recognition and legal backing. The Court made it clear that denying these employees their due rights amounts to “institutional exploitation” in a welfare State.
“Appointments irregular in form but not in substance, supported by sanctioned posts and years of service, should not suffer due to procedural delays,” the Court said.
Background
The case involved several petitions filed by Class III and Class IV employees who were appointed on various government posts, some as early as 1979. Despite serving for decades, their jobs were never regularized. These appointments were often made without following proper recruitment procedures, hence termed irregular or illegal.
The Supreme Court in Secretary, State of Karnataka & Ors. v Uma Devi (2006) had laid down that irregular employees who had completed at least 10 years of service should be regularized within six months. However, the Rajasthan Government delayed implementation until 2009, while still fixing the eligibility cut-off at 2006, effectively excluding many.
The High Court noted:
“The delay in notifying the Rules up to 08.07.2009 was solely the fault of the State Government. Still, the cut-off date was unfairly backdated to 10.04.2006, causing loss to eligible employees.”
The judgment outlined a series of directions to ensure justice for affected employees:
1. Regularization of Eligible Employees
All petitioners whose appointments were irregular but not illegal, and who completed 10 years of service by 2009, must be regularized. They will also receive all consequential service benefits.
2. Future Appointments and Vacancies
The State must initiate recruitment for sanctioned posts. Eligible petitioners and similarly placed persons can:
- Compete in open selection;
- Get age relaxation;
- Receive weightage for previous service under Rule 20(2) of the Rajasthan Contractual Hiring of Civil Posts Rules, 2022.
3. Employees with Less Than 10 Years’ Service
Petitioners who had not completed 10 years but were irregularly appointed must also receive:
- Service weightage;
- Age relaxation;
- Same benefits as granted under Uma Devi’s case.
4. Illegal Appointments
For employees whose appointments were illegal:
- They may participate in regular recruitment;
- Receive age relaxation and weightage for experience as per Rule 20(2);
- Be informed individually through speaking orders stating their eligibility.
5. Monitoring Committee
The Chief Secretary must form a monitoring committee to ensure proper compliance. This committee must file quarterly reports.
6. Transparency
The State must publish the list of regularized employees and compliance status on its official website.
The Court concluded by directing that these orders be implemented in rem—meaning they will apply broadly to all similarly situated employees. Accordingly, all the petitions were disposed of.
“A welfare State must uphold constitutional morality and not deny justice merely due to procedural lapses,” the Court added.
Title: Giriraj Prasad Sharma v State of Rajasthan, and other connected matters
