Introduction:

In a recent ruling, the Supreme Court addressed the issue of regularization of employees who had served continuously in capacities similar to regular employees for an extended period. Justices Vikram Nath and KV Viswanathan set aside the High Court’s decision and emphasized the principles of equity and fairness in recognizing the substantive nature of their roles.

Arguments:

The respondent relied on the judgment of Secretary, State of Karnataka vs. Umadevi, arguing that temporary scheme employment could not grant rights akin to permanent employees. However, the Court distinguished Umadevi’s case, highlighting the valid selection process undergone by the appellants, which mirrored regular recruitment procedures.

Court’s Judgment:

The Court observed that the appellants’ continuous service in roles similar to permanent posts, coupled with their selection through a process resembling regular recruitment, warranted reclassification from temporary to regular status. Referring to Umadevi’s case, the Court emphasized the distinction between irregular and illegal appointments, allowing for regularization in cases adhering to procedures akin to regular appointments.