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Patna High Court

Vijay RamversusThe State Of Bihar and Ors

Decided
Disposal
ALLOWED

Holding

The Court held that the petitioner’s uninterrupted service as a daily‑wage employee obliges the State to regularise him with full service benefits from the date of his appointment, notwithstanding his minority at the time of engagement.

Summary

The petitioner, Vijay Ram, was engaged as a daily‑wage chaukidar in 1983 at the age of 15 and served continuously for 26 years in the East Sone Canal Division. He sought regularisation in a Class IV post, arguing that his long, uninterrupted service and the State’s policy entitled him to the same treatment as similarly situated employees who were regularised. The respondents contended that his appointment as a minor rendered the contract void under Section 11 of the Indian Contract Act and that a medical board certificate of age was pending. The Court examined precedents on regularisation of ad‑hoc workers, the doctrine of legitimate expectation, and the constitutional guarantee of equality (Arts 14, 16, 21). Relying on Supreme Court judgments (Dharam Singh, Bhola Nath, Jaggo, etc.) and a Full‑Bench decision (Ragjawa Narayan Mishra), the Court held that the petitioner’s continuous service created a right to regularisation despite his minority at entry. Consequently, the petition was allowed, directing the State to regularise the petitioner from the date of appointment, grant all accrued benefits, and pay arrears for the three years preceding the petition.

Issues considered

  • Whether a person engaged as a daily‑wage employee while a minor can be regularised under the State’s policy.
  • Whether the State’s refusal to regularise the petitioner violates Articles 14, 16 and 21 of the Constitution.
  • Whether the absence of a medical board certificate of age bars regularisation.

Legislation cited

Subjects

  • regularisation
  • daily wage employee
  • minority employment
  • constitutional equality
  • Article 14
  • Article 16
  • Article 21
  • legitimate expectation
  • state as employer
  • pension benefits
  • service tenure

Judgment

         IN THE HIGH COURT OF JUDICATURE AT PATNA
                    Civil Writ Jurisdiction Case No.25749 of 2013
     ======================================================
     Vijay Ram S/O Sri Sadhu Ram R/O Mohallah Barah Patthar Dehri-On-Sone,
     P.O. and P.S. Dehri-On-Sone, District Rohtas.

                                                                   ... ... Petitioner/s
                                            Versus
1.   The State Of Bihar
2.   The Secretary, Water Resources Development Department, Govt. Of Bihar,
     Patna.
3.   The Chief Engineer East Sone Canal Division, Aurangabad.
4.   The Superintending Engineer, East Sone Canal Circle, Aurangabad,
     Aurangabad.
5.   The Executive Engineer, East Sone Canal Division, Aurangabad.
6.   The District Magistrate, Aurangabad.
7.   The District Magistrate, Aurangabad-Cum-The Chairman, Appointment
     Committee For Appointment On The

                                               ... ... Respondent/s
     ======================================================
     Appearance :
     For the Petitioner/s   :        Mr. Ashutosh Singh, Advocate
     For the Respondent/s   :        Mr. K.P. Gupta, GP-10
                            :        Mr. Virendra Kumar, AC to GP-10
     ======================================================
     CORAM: HONOURABLE MR. JUSTICE RITESH KUMAR
     ORAL JUDGMENT
      Date : 16-06-2026
                 Heard the parties.

                 2. The present writ petition has been filed for the

     following reliefs:-

                                “a. For directing the respondent authorities to
                                     regularize the service of the petitioner on the
                                     basis of the period i.e. 26 years rendered in
                                     service as a daily wage on a Class IV post.
                                b.   For directing the respondent authorities to
                                     take    a   decision   with   respect   to    the
                                     regularization of the service of the petitioner
                                     on Class IV (Group GHA) post in the light of
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                                        the Govt. policy issued with respect the daily
                                        wages employees.
                                  c.    For directing the respondent authorities to
                                        absorb the petitioner on any Class IV post in
                                        any organization of the state govt.”



                           BRIEF FACTS

                    3. The brief facts, which are essential for adjudication

       of the present writ petition are that the petitioner was engaged to

       work on daily wage basis by the Chief Engineer, East Sone Canal

       Division, Aurangabad vide letter No. 23 dated 15.09.1983 in the

       Office of East Sone Upper Layer Division, Barun, Aurangabad. As

       per the school leaving certificate given by the petitioner, his date

       of birth has been mentioned as 15.08.1968. The petitioner was

       placed to work as Chaukidar at Main Canal Point vide Letter No.

       272 dated 19.05.1986, issued under the signature of the Sub-

       Divisional Officer, Barun, Aurangabad for the purposes of

       controlling the canal’s water and also to maintain the law and

       order during the time of kharif irrigation. From time to time, letter

       of appreciation was issued in favour of the petitioner with regard

       to his satisfactory work and he was also granted bonus, along with

       others to the tune of Rs. 150/- for the year 1987-88. Subsequently,

       the petitioner and two others were directed to work as night

       chaukidar in Barun colony vide memo No. 994 dated 27.04.1989,
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       issued under the signature of the Executive Engineer, East Sone

       Upper Canal Division, Aurangabad. The name of the petitioner and

       18 others was recommended for absorption by the Chief Engineer,

       Water Resource Department, Aurangabad as per the list submitted

       by the Superintending Engineer, Sone Upper Level Canal

       Division, Aurangabad vide letter No. 1563 dated 28.11.1991, to

       the Joint Secretary, Water Resource Department. Vide resolution

       dated 16.03.2006, the State Government in consultation with

       different employees unions, extended the cutoff date for

       regularization of the work charge employees from 01.08.1985 to

       11.12.1990, for giving priorities in appointment in Class-IV posts.

                    4. It is the case of the petitioner that despite rendering

       uninterrupted and unblemished service, which is perennial in

       nature, the petitioner rendered 26 years of the prime of his life

       without being regularized by the respondent authorities. When the

       case of the petitioner was not considered for regularization, in

       terms of the resolution of the State Government dated 16.03.2006

       and letter dated 01.04.2006, vide letter No. 1219 dated 07.05.2006,

       issued under the signature of the Chief Engineer, Water Resource

       Department,        Aurangabad,        a    request   was   made   to   the

       Superintending Engineer, Aurangabad to send the relevant

       information with respect to petitioner and others for absorption of
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       their services. Subsequently, a meeting was held on 16.06.2008,

       under the Chairmanship of the Collector, Aurangabad by the

       Committee, which was constituted for absorption through

       appointment with regard to daily wage employees of Group-IV

       (Gha) and have taken decision with respect the available 18

       persons. The name of the petitioner was placed at serial no. 18 in

       the said list, however in column no. 6, a remark was made that the

       petitioner has been engaged at the time, when his age was 15 years

       and only after getting clarification, his case will be considered.

       Subsequently, in view of letter No. 96 dated 23.06.2008, issued

       under the signature of the Collector, Aurangabad, the Executive

       Engineer, Sone High Level Canal Division, Aurangabad vide his

       letter No. 1029 dated 23.07.2008, recommended the name of the

       petitioner for regularization of his services. Vide letter No. 914

       dated 28.08.2009, issued under the signature of the Executive

       Engineer, Sone High Level Canal Division, Aurangabad,

       addressed to the Chief Engineer, Water Resources Department,

       Aurangabad it was informed that the petitioner is continuously

       performing his duties and he was found on duty at the time of

       inspection by the higher authorities. The Executive Engineer

       recommended the case of the petitioner for his regularization. The

       petitioner kept on filing representation before the respondent
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       authorities for consideration of his case, but no action has been

       taken. It is further case of the petitioner that similarly situated 18

       persons have already been regularized by the authorities, however

       the petitioner has been left out, on the ground that on the date his

       engagement, he was a minor aged about 15 years.

        SUBMISSION ON BEHALF OF THE PETITIONER

                    5. The learned counsel for the petitioner submits that the

       petitioner was engaged to work as a daily wage employee in 1983

       and as per his date of birth, which is 15.08.1968, he was 15 years

       at the time of his engagement. Despite recommendation made by

       the concerned authorities, his case has not been considered for

       regularization only on the ground, since at the time of his

       engagement, he was a minor. He further submits that several

       similarly situated persons, namely, Narayan Yadav, Bindeshwari

       Singh, Nand Kumar, Madan Yadav and Panchan Yadav were also

       minor at the time of their engagement, however they have been

       regularized in service by the respondent authorities and the

       petitioner has been left out, on the ground that on the date of his

       engagement, he was a minor. He submits that when the case of the

       petitioner for his regularisation was not considered, despite the fact

       that he was working since 1983 and similarly situated persons

       have been regularised, he has filed a present writ petition.
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                SUBMISSION ON BEHALF OF THE RESPONDENTS

                    6. Per contra, the learned counsel appearing on behalf of

       the State submits that the petitioner fulfills all the conditions

       mentioned in the direction for appointment. His appointment was

       recommended by the department, but at the time of meeting, it was

       not considered, since according to the official records, he was

       engaged to work as a daily wage employee, when he was 15 years

       of age. Later on, an affidavit was filed by his father to the effect

       that he was not underage at the time of appointment and due to

       conflict of his age, he was not appointed. He further submits that

       according to the directions of the Government, his age was to be

       confirmed by the Medical Board, which has not been received,

       therefore, no decision has been taken by the respondent-State on

       the case of the petitioner for his regularization. The learned

       counsel for the State further submits that the decision with regard

       to appointment/regularization of the petitioner was postponed for

       want of his certificate of age by the Medical Board and the same is

       still lacking. He further submits that despite the petitioner

       fulfilling all the eligibility criteria, his case has not been

       considered, since at the time of initial engagement, he was found

       to be under age i.e. he was aged about 15 years.

         CASE LAW RELIED ON BEHALF OF THE PETITIONER
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                    7. The learned counsel appearing on behalf of the

       petitioner in support of his contention refers to and relies upon a

       judgment of the Hon’ble Supreme Court of India reported in 2025

       SCC OnLine SC 1735 (Dharam Singh & Ors. Versus State of

       U.P. & Anr.), wherein the Hon’ble Supreme Court of India, while

       considering the case of regularization of daily wagers/Ad-hoc

       employees, in paragraph nos. 9, 11, 13, 15, 17, 18 and 19 has held

       as follows:-

                                  “9. Moreover, it is undisputed that the nature of
                                        work performed by the appellants, i.e.
                                        sorting and scrutiny of applications, dispatch
                                        and office support, and driving, has been
                                        continuous and integral to the Commission's
                                        functioning since their engagement between
                                        1989 and 1992. The Commission itself moved
                                        for sanction of fourteen posts and furnished a
                                        list of fourteen daily wagers including the
                                        appellants. That consistent internal demand,
                                        coupled with uninterrupted utilisation of the
                                        appellants' labour on regular office hours,
                                        fortifies the conclusion that the duties are
                                        perennial. To continue extracting such work
                                        for   decades   while   pleading    want    of
                                        sanctioned strength is a position that cannot
                                        be sustained.
                                  11. Furthermore, it must be clarified that the
                                        reliance placed by the High Court on
                                        Umadevi (Supra) to non-suit the appellants is
                                        misplaced. Unlike Umadevi (Supra), the
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                                        challenge before us is not an invitation to
                                        bypass the constitutional scheme of public
                                        employment. It is a challenge to the State's
                                        arbitrary refusals to sanction posts despite
                                        the employer's own acknowledgement of
                                        need and decades of continuous reliance on
                                        the very workforce. On the other hand,
                                        Umadevi        (Supra)     draws       a    distinction
                                        between illegal appointments and irregular
                                        engagements and does not endorse the
                                        perpetuation       of     precarious       employment
                                        where the work itself is permanent and the
                                        State has failed, for years, to put its house in
                                        order. Recent decisions of this Court in
                                        Jaggo v. Union of India4 and in Shripal v.
                                        Nagar          Nigam,        Ghaziabad5           have
                                        emphatically       cautioned        that     Umadevi
                                        (Supra) cannot be deployed as a shield to
                                        justify exploitation through long-term “ad
                                        hocism”, the use of outsourcing as a proxy,
                                        or the denial of basic parity where identical
                                        duties are exacted over extended periods.
                                        The principles articulated therein apply with
                                        full force to the present case. The relevant
                                        paras from Shripal (supra) have been
                                        reproduced hereunder:
                                  “14. The Respondent Employer places reliance on
                                        Umadevi (supra)2 to contend that daily-wage
                                        or     temporary        employees    cannot      claim
                                        permanent absorption in the absence of
                                        statutory rules providing such absorption.
                                        However, as frequently reiterated, Uma Devi
                                        itself distinguishes between appointments
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                                        that are “illegal” and those that are
                                        “irregular,” the latter being eligible for
                                        regularization      if   they     meet     certain
                                        conditions. More importantly, Uma Devi
                                        cannot serve as a shield to justify exploitative
                                        engagements persisting for years without the
                                        Employer            undertaking          legitimate
                                        recruitment. Given the record which shows
                                        no true contractor-based arrangement and a
                                        consistent need for permanent horticultural
                                        staff the alleged asserted ban on fresh
                                        recruitment, though real, cannot justify
                                        indefinite daily-wage status or continued
                                        unfair practices.
                                  15. It is manifest that the Appellant Workmen
                                        continuously rendered their services over
                                        several years, sometimes spanning more than
                                        a decade. Even if certain muster rolls were
                                        not produced in full, the Employer's failure to
                                        furnish such records-despite directions to do
                                        so-allows an adverse inference under well-
                                        established labour jurisprudence. Indian
                                        labour law strongly disfavors perpetual
                                        daily-wage or contractual engagements in
                                        circumstances where the work is permanent
                                        in nature. Morally and legally, workers who
                                        fulfil ongoing municipal requirements year
                                        after year cannot be dismissed summarily as
                                        dispensable, particularly in the absence of a
                                        genuine    contractor     agreement.      At   this
                                        juncture, it would be appropriate to recall the
                                        broader critique of indefinite “temporary”
                                        employment practices as done by a recent
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                                         judgment of this court in Jaggo v. Union of
                                         India3 in the following paragraphs:
                                  “22.     The     pervasive     misuse      of    temporary
                                         employment contracts, as exemplified in this
                                         case, reflects a broader systemic issue that
                                         adversely affects workers' rights and job
                                         security. In the private sector, the rise of the
                                         gig economy has led to an increase in
                                         precarious employment arrangements, often
                                         characterized by lack of benefits, job
                                         security, and fair treatment. Such practices
                                         have been criticized for exploiting workers
                                         and       undermining       labour        standards.
                                         Government        institutions,   entrusted      with
                                         upholding the principles of fairness and
                                         justice, bear an even greater responsibility to
                                         avoid      such      exploitative        employment
                                         practices. When public sector entities engage
                                         in misuse of temporary contracts, it not only
                                         mirrors the detrimental trends observed in
                                         the gig economy but also sets a concerning
                                         precedent that can erode public trust in
                                         governmental operations.
                                         ………
                                  25. It is a disconcerting reality that temporary
                                         employees,     particularly       in     government
                                         institutions, often face multifaceted forms of
                                         exploitation. While the foundational purpose
                                         of temporary contracts may have been to
                                         address short-term or seasonal needs, they
                                         have increasingly become a mechanism to
                                         evade     long-term      obligations      owed     to
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                                        employees. These practices manifest in
                                        several ways:
                                  •     Misuse of “Temporary” Labels: Employees
                                        engaged for work that is essential, recurring,
                                        and integral to the functioning of an
                                        institution are often labelled as “temporary”
                                        or “contractual,” even when their roles
                                        mirror those of regular employees. Such
                                        misclassification deprives workers of the
                                        dignity, security, and benefits that regular
                                        employees are entitled to, despite performing
                                        identical tasks.
                                  •     Arbitrary Termination: Temporary employees
                                        are frequently dismissed without cause or
                                        notice, as seen in the present case. This
                                        practice undermines the principles of natural
                                        justice and subjects workers to a state of
                                        constant insecurity, regardless of the quality
                                        or duration of their service.
                                  •     Lack of Career Progression: Temporary
                                        employees often find themselves excluded
                                        from opportunities for skill development,
                                        promotions, or incremental pay raises. They
                                        remain stagnant in their roles, creating a
                                        systemic disparity between them and their
                                        regular        counterparts,      despite   their
                                        contributions being equally significant.
                                  •     Using Outsourcing as a Shield: Institutions
                                        increasingly resort to outsourcing roles
                                        performed        by    temporary       employees,
                                        effectively replacing one set of exploited
                                        workers with another. This practice not only
                                        perpetuates        exploitation      but     also
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                                        demonstrates a deliberate effort to bypass the
                                        obligation to offer regular employment.
                                  •     Denial of Basic Rights and Benefits:
                                        Temporary employees are often denied
                                        fundamental      benefits   such     as    pension,
                                        provident fund, health insurance, and paid
                                        leave, even when their tenure spans decades.
                                        This lack of social security subjects them and
                                        their families to undue hardship, especially
                                        in cases of illness, retirement, or unforeseen
                                        circumstances.””
                                  13. As we have observed in both Jaggo (Supra)
                                        and Shripal (Supra), outsourcing cannot
                                        become a convenient shield to perpetuate
                                        precariousness       and    to     sidestep    fair
                                        engagement practices where the work is
                                        inherently     perennial.   The     Commission's
                                        further contention that the appellants are not
                                        “full-time” employees but continue only by
                                        virtue of interim orders also does not
                                        advance their case. That interim protection
                                        was granted precisely because of the long
                                        history of engagement and the pendency of
                                        the challenge to the State's refusals. It
                                        neither creates rights that did not exist nor
                                        erases entitlements that may arise upon a
                                        proper adjudication of the legality of those
                                        refusals.
                                  15.    Therefore,     in   view   of     the    foregoing
                                        observations, the impugned order of the High
                                        Court cannot be sustained. The State's
                                        refusals dated 11.11.1999 and 25.11.2003, in
                                        so far as they concern the Commission's
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                                        proposals for sanction/creation of Class-
                                        III/Class-IV posts to address perennial
                                        ministerial/attendant           work,     are           held
                                        unsustainable and stand quashed.
                                  17. Before concluding, we think it necessary to
                                        recall that the State (here referring to both
                                        the Union and the State governments) is not
                                        a     mere      market         participant        but     a
                                        constitutional employer. It cannot balance
                                        budgets on the backs of those who perform
                                        the      most   basic     and     recurring        public
                                        functions. Where work recurs day after day
                                        and year after year, the establishment must
                                        reflect that reality in its sanctioned strength
                                        and engagement practices. The long-term
                                        extraction of regular labour under temporary
                                        labels       corrodes     confidence         in    public
                                        administration and offends the promise of
                                        equal       protection.    Financial         stringency
                                        certainly has a place in public policy, but it is
                                        not a talisman that overrides fairness, reason
                                        and the duty to organise work on lawful
                                        lines.
                                  18. Moreover, it must necessarily be noted that
                                        “ad-hocism” thrives where administration is
                                        opaque. The State Departments must keep
                                        and         produce     accurate        establishment
                                        registers, muster rolls and outsourcing
                                        arrangements, and they must explain, with
                                        evidence,       why     they     prefer      precarious
                                        engagement over sanctioned posts where the
                                        work is perennial. If “constraint” is invoked,
                                        the record should show what alternatives
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                                        were considered, why similarly placed
                                        workers were treated differently, and how the
                                        chosen course aligns with Articles 14, 16 and
                                        21 of the Constitution of India. Sensitivity to
                                        the human consequences               of prolonged
                                        insecurity is not sentimentality. It is a
                                        constitutional discipline that should inform
                                        every decision affecting those who keep
                                        public offices running.
                                  19. Having regard to the long, undisputed service
                                        of the appellants, the admitted perennial
                                        nature of their duties, and the material
                                        indicating      vacancies      and     comparator
                                        regularisations, we issue the following
                                        directions:
                                  i. Regularization and creation of Supernumerary
                                        posts: All appellants shall stand regularized
                                        with effect from 24.04.2002, the date on
                                        which the High Court directed a fresh
                                        recommendation by the Commission and a
                                        fresh decision by the State on sanctioning
                                        posts for the appellants. For this purpose, the
                                        State and the successor establishment (U.P.
                                        Education Services Selection Commission)
                                        shall create supernumerary posts in the
                                        corresponding cadres, Class-III (Driver or
                                        equivalent)              and              Class-IV
                                        (Peon/Attendant/Guard          or      equivalent)
                                        without any caveats or preconditions. On
                                        regularization, each appellant shall be
                                        placed at not less than the minimum of the
                                        regular      pay-scale   for    the    post,   with
                                        protection of last-drawn wages if higher and
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                                        the appellants shall be entitled to the
                                        subsequent increments in the pay scale as per
                                        the pay grade. For seniority and promotion,
                                        service shall count from the date of
                                        regularization as given above.
                                  ii. Financial consequences and arrears: Each
                                        appellant shall be paid as arrears the full
                                        difference      between     (a)     the      pay    and
                                        admissible allowances at the minimum of the
                                        regular pay-level for the post from time to
                                        time, and (b) the amounts actually paid, for
                                        the period from 24.04.2002 until the date of
                                        regularization/retirement/death, as the case
                                        may be. Amounts already paid under
                                        previous interim directions shall be so
                                        adjusted. The net arrears shall be released
                                        within three months and if in default, the
                                        unpaid amount shall carry compound interest
                                        at 6% per annum from the date of default
                                        until payment.
                                  iii. Retired appellants: Any appellant who has
                                        already        retired     shall      be       granted
                                        regularization with effect from 24.04.2002
                                        until the date of superannuation for pay
                                        fixation, arrears under clause (ii), and
                                        recalculation of pension, gratuity and other
                                        terminal dues. The revised pension and
                                        terminal dues shall be paid within three
                                        months of this Judgment.
                                  iv. Deceased appellants: In the case of Appellant
                                        No. 5 and any other appellant who has died
                                        during         pendency,           his/her         legal
                                        representatives on record shall be paid the
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                                        arrears under clause (ii) up to the date of
                                        death, together with all terminal/retiral dues
                                        recalculated consistently with clause (i),
                                        within three months of this Judgment.
                                  v. Compliance affidavit: The Principal Secretary,
                                        Higher Education Department, Government
                                        of Uttar Pradesh, or the Secretary of the U.P.
                                        Education Services Selection Commission or
                                        the prevalent competent authority, shall file
                                        an affidavit of compliance before this Court
                                        within four months of this Judgment.”


                    8. The learned counsel for the petitioner further refers to

       and relies upon a judgment of the Hon’ble Supreme Court of India

       reported in 2026 LiveLaw (SC) 95 passed in SLP(CIVIL) No.

       30762 of 2024 (Bhola Nath versus The State of Jharkhand &

       Ors.), wherein the Hon’ble Supreme Court of India in paragraph

       nos. 9.3, 10, 11, 12, 13 and 14 has held as follows:-

                                  “9.3. In the present case, the respondent-State has
                                        engaged the services of the appellants for a
                                        period exceeding 10 years. Upon completion
                                        of this long tenure, the respondents, as
                                        apprehended by the appellants, declined to
                                        grant any further extension on the ground
                                        that the engagement was contractual in
                                        nature. Such a decision necessarily warrants
                                        examination on the touchstone of the equality
                                        principles enshrined in the Constitution,
                                        which obligate the State to act as a model
                                        employer and to take decisions free from
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                                        arbitrariness. In our consideration of the
                                        second issue, we shall examine whether non-
                                        interference with the impugned judgments
                                        would result in substantial and grave
                                        injustice to the appellants.
                                        ISSUE II. Whether the action/inaction of the
                                        respondent-State in not recognizing the
                                        appellants’ continuous         service   for   the
                                        purpose of regularization is arbitrary and
                                        violative of Article 14 of the Constitution of
                                        India?
                                  10. The learned Single Judge, vide common order,
                                        dismissed the writ petitions filed by the
                                        appellants seeking a writ of mandamus
                                        directing the respondentState to regularize
                                        their services. In doing so, the writ Court
                                        placed reliance on the terms and conditions
                                        of the employment agreement entered into
                                        between the appellants and the respondents.
                                        The learned Single Judge, in this regard,
                                        recorded the following findings: -
                                  i. The appellants were appointed on a purely
                                        contractual basis pursuant to a decision of
                                        the Finance Department to fill 22 sanctioned
                                        posts through contractual engagement, the
                                        expenditure being met from non-plan funds.
                                        Following issuance of an advertisement and
                                        completion of the selection process, the
                                        appellants were appointed by entering into
                                        contracts of employment for an initial period
                                        of one year, extendable from time to time for
                                        fixed durations.
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                                  ii. The appellants were granted extensions
                                        periodically, with the last extensions having
                                        been issued in the year 2023 as a one-time
                                        measure. The respondent-State treated the
                                        said   decision       as     a    conscious        policy
                                        determination, which, according to the
                                        learned Single Judge, did not warrant
                                        interference by the Court.
                                  iii. The appellants were held not entitled to
                                        regularization       under       the     regularization
                                        scheme framed by the respondent-State in the
                                        year 2015, as modified in 2019, which
                                        prescribed completion of ten years of
                                        continuous service as on the cut-off year
                                        2019. It was further noted that the appellants
                                        had not laid any challenge to the validity of
                                        the said regularization scheme.
                                  iv. Since the appellants were appointed on a
                                        contractual basis and continued only through
                                        periodic extensions, it was held that they did
                                        not possess any statutory or legal right to
                                        continue in service once the contractual
                                        period, including its extensions, came to an
                                        end.
                                  v. Emphasis was laid on the fact that the
                                        appellants were fully aware, and were put to
                                        notice on each occasion of renewal, that
                                        their engagement was contractual and
                                        limited to a specified tenure. In view thereof,
                                        the learned Single Judge held that no
                                        question       of   legitimate         expectation    or
                                        enforceable         right        to      renewal      or
                                        regularization could arise, nor could any
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                                        right be said to have crystallised in their
                                        favour. vi. It was further noted that the
                                        appellants had not been replaced by another
                                        set of contractual employees. On the
                                        contrary, the material on record indicated
                                        that the respondent-State had undertaken
                                        regular recruitment and appointed nine
                                        persons as regular employees through a fresh
                                        advertisement.
                                  11. At the outset, we find it necessary to express
                                        our disapproval of the manner in which the
                                        High Court has approached the present lis.
                                        The controversy before the Court was not
                                        one of mere acquiescence or implied waiver
                                        of rights. The High Court, in our view, has
                                        proceeded on a mechanical application of
                                        precedents without engaging with the core
                                        constitutional   issues   involved,    thereby
                                        reducing the dispute to one of acceptance of
                                        contractual terms, divorced from its larger
                                        constitutional context.
                                  12. In Central Inland Water Transport Corpn. v.
                                        Brojo     Nath     Ganguly,6    this    Court
                                        acknowledged the increasing imbalance in
                                        the bargaining power of contracting parties.
                                        The Court held thus: -
                                  “89. . . . We have a Constitution for our country.
                                        Our judges are bound by their oath to
                                        “uphold the Constitution and the laws”. The
                                        Constitution was enacted to secure to all the
                                        citizens of this country social and economic
                                        justice. Article 14 of the Constitution
                                        guarantees to all persons equality before the
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                                        law and the equal protection of the laws.
                                        The principle deducible from the above
                                        discussions on this part of the case is in
                                        consonance with right and reason, intended
                                        to secure social and economic justice and
                                        conforms to the mandate of the great
                                        equality clause in Article 14. This principle
                                        is that the courts will not enforce and will,
                                        when called upon to do so, strike down an
                                        unfair and unreasonable contract, or an
                                        unfair and unreasonable clause in a
                                        contract, entered into between parties who
                                        are not equal in bargaining power. It is
                                        difficult to give an exhaustive list of all
                                        bargains of this type. No court can visualize
                                        the different situations which can arise in
                                        the affairs of men. One can only attempt to
                                        give some illustrations. For instance, the
                                        above principle will apply where the
                                        inequality of bargaining power is the result
                                        of the great disparity in the economic
                                        strength of the contracting parties. It will
                                        apply where the inequality is the result of
                                        circumstances, whether of the creation of
                                        the parties or not. It will apply to situations
                                        in which the weaker party is in a position in
                                        which he can obtain goods or services or
                                        means of livelihood only upon the terms
                                        imposed by the stronger party or go without
                                        them. It will also apply where a man has no
                                        choice, or rather no meaningful choice, but
                                        to give his assent to a contract or to sign on
                                        the dotted line in a prescribed or standard
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                                        form or to accept a set of rules as part of the
                                        contract, however unfair, unreasonable and
                                        unconscionable a clause in that contract or
                                        form or rules may be. This principle,
                                        however, will not apply where the bargaining
                                        power of the contracting parties is equal or
                                        almost equal. This principle may not apply
                                        where both parties are businessmen and the
                                        contract is a commercial transaction. In
                                        today's complex world of giant corporations
                                        with their vast infrastructural organizations
                                        and       with      the    State       through      its
                                        instrumentalities and agencies entering into
                                        almost     every     branch      of    industry    and
                                        commerce, there can be myriad situations
                                        which result in unfair and unreasonable
                                        bargains between parties possessing wholly
                                        disproportionate and unequal bargaining
                                        power.     These      cases      can     neither    be
                                        enumerated nor fully illustrated. The court
                                        must judge each case on its own facts and
                                        circumstances.”
                                                                  (emphasis laid)
                                        Therefore, the Court has held that the
                                        Constitution obliges courts to advance social
                                        and economic justice and to give effect to the
                                        equality       mandate     under        Article    14.
                                        Consequently, courts will neither enforce nor
                                        hesitate       to   invalidate        contracts,    or
                                        contractual clauses, that are unfair or
                                        unreasonable when entered into between
                                        parties with unequal bargaining power.
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                                  13. Another facet requiring consideration in the
                                        case of contractual employees, such as the
                                        present appellants, is the doctrine of
                                        legitimate expectation. Where employees
                                        have continued to discharge their duties on
                                        contractual posts for a considerable length of
                                        time, as in the present case, it is but natural
                                        that a legitimate expectation arises that the
                                        State would, at some stage, recognize their
                                        long and continuous service. It is in this
                                        belief, bolstered by repeated extensions
                                        granted     by      the     Executive,    that   such
                                        employees continue in service and refrain
                                        from      seeking         alternative    employment,
                                        notwithstanding the contractual nature of
                                        their engagement. At this juncture, it is thus
                                        apposite to advert to the principles governing
                                        the doctrine of legitimate expectation as
                                        enunciated by this Court in Army Welfare
                                        Education Society v. Sunil Kumar Sharma, 8
                                        wherein it was held as follows: -
                                  “63. A reading of the aforesaid decisions brings
                                        forth the following features regarding the
                                        doctrine of legitimate expectation:
                                  63.1. First, legitimate expectation must be based
                                        on a right as opposed to a mere hope, wish
                                        or anticipation;
                                  63.2. Secondly, legitimate expectation must arise
                                        either from an express or implied promise;
                                        or a consistent past practice or custom
                                        followed by an authority in its dealings;
                                        ...
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                                  63.5. Fifthly, legitimate expectation operates in
                                        the realm of public law, that is, a plea of
                                        legitimate action can be taken only when a
                                        public authority breaches a promise or
                                        deviates from a consistent past practice,
                                        without any reasonable basis.. . .
                                  64. The aforesaid features, although not
                                        exhaustive in nature, are sufficient to help
                                        us in deciding the applicability of the
                                        doctrine of legitimate expectation to the
                                        facts of the case at hand. It is clear that
                                        legitimate     expectation,   jurisprudentially,
                                        was a device created in order to maintain a
                                        check on arbitrariness in State action. It
                                        does not extend to and cannot govern the
                                        operation of contracts between private
                                        parties, wherein the doctrine of promissory
                                        estoppel holds the field.”
                                                                (emphasis laid)
                                        It is, therefore, not difficult to comprehend
                                        the expectation with which such contractual
                                        employees continue in the service of the
                                        State. The repeated conduct of the employer-
                                        State in expressing confidence in their
                                        performance      and    consistently   granting
                                        monetary upgrades & tenure extensions
                                        reasonably nurtures an expectation that their
                                        long and continuous service would receive
                                        further recognition.
                                  14. In light of our discussion, in the foregoing
                                        paragraphs, we summarize our conclusions
                                        as follows:
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                                  I. The respondent-State was not justified in
                                        continuing the appellants on sanctioned
                                        vacant posts for over a decade under the
                                        nomenclature of contractual engagement and
                                        thereafter denying them consideration for
                                        regularization.
                                  II. Abrupt discontinuance of such long-standing
                                        engagement        solely   on   the    basis   of
                                        contractual nomenclature, without either
                                        recording cogent reasons or passing a
                                        speaking order, is manifestly arbitrary and
                                        violative of Article 14 of the Constitution.
                                  III. Contractual stipulations purporting to bar
                                        claims for regularization cannot override
                                        constitutional guarantees. Acceptance of
                                        contractual terms does not amount to waiver
                                        of fundamental rights, and contractual
                                        stipulations cannot immunize arbitrary State
                                        action from constitutional scrutiny.
                                  IV. The State, as a model employer, cannot rely on
                                        contractual labels or mechanical application
                                        of Umadevi (supra) to justify prolonged ad-
                                        hocism or to discard long-serving employees
                                        in a manner inconsistent with fairness,
                                        dignity and constitutional governance.
                                  V. In view of the foregoing discussion, we direct
                                        the respondent-State to forthwith regularize
                                        the services of all the appellants against the
                                        sanctioned posts to which they were initially
                                        appointed. The appellants shall be entitled to
                                        all consequential service benefits accruing
                                        from the date of this judgment.”
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                    9. The learned counsel for the petitioner further refers to

       and relies upon a judgment of the Hon’ble Supreme Court of India

       passed in Civil Appeal No. 8354-8356 of 2026 arising out of

       SLP(C) Nos. 28802-28804 of 2019 (Bhikhani Devi & Etc. versus

       Union of India & Ors.), wherein in paragraph no. 76 the Hon’ble

       Supreme Court of India has held that “a temporary status casual

       labourer      would      be     entitled    to   pensionary   benefits   on

       superannuation even in the absence of regularization.”

                    CONSIDERATION AND ANALYSIS

                    10. Having heard the rival submission and after going

       through the records, it is apparent that the petitioner was appointed

       as a daily wager in 1983 and he continued to work on the said post

       till filing of the writ petition. Further, it has been informed at the

       bar that the petitioner is still working and performing his duties to

       the satisfaction of the respondent authorities. It is not in dispute

       that the petitioner fulfills all the requisite qualifications for being

       regularized in services of the respondent authorities and the

       respondent authorities in their counter affidavit have made a

       categorical statement to that effect. The only ground, on which the

       case of the petitioner has not been considered, is that on the date of

       his engagement as a daily wager, he was 15 years of age. It has

       already been settled by the Hon’ble Full Bench of this Court in a
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                                          26/32




       case reported in 2006 (1) PLJR 410 (Ragjawa Narayan Mishra

       versus the Chief Executive Officer, Bihar Rajya Khadi

       Gramoudyog Board & Ors.), wherein in paragraph nos. 13, 15,

       16, 17 and 18, it has been held as follows:-

                                   “13. The plain perusal of the aforesaid statutory
                                        provision would, undoubtedly, go to suggest
                                        that the Government by virtue of an
                                        amendment by addition Rule 5 in Appendix-
                                        5 in the Bihar Pension Rules which came
                                        into effect, on 23.8.1950, long before the
                                        petitioners came to be admitted in the
                                        service of the Board and it is very clear
                                        there from that the qualifying age of the
                                        Government servants for consideration of
                                        the pensionary benefits came to be raised
                                        from 16 years to 18 in the Government
                                        service. Otherwise, also, the aforesaid
                                        circular of 1998 has a purpose and policy
                                        behind it. It is clarificatory. There is no
                                        dispute about the fact that the service
                                        between the employer and the employees is a
                                        matter of contract. Once, a person is validly
                                        entered into the service of the Government
                                        he is offered the contractual and statutory
                                        protection and the initial entry in the service
                                        always is the outcome of the contractual
                                        relationship. Who would be competent to
                                        contract? It has been provided in Section 11
                                        of the Indian Contract Act, 1872, as to who
                                        is the competent to contract. Section 11 of
                                        the said Act reads herein as under:
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                                        Who are competent to contract.— Every
                                        person is competent to contract who is of the
                                        age of majority according to the law to
                                        which he is subject, and who is of sound
                                        mind      and   is   not   disqualified    from
                                        contracting by any law to which he is
                                        subject.”

                                   15. It leaves no any manner of doubt that in this
                                        country the age of majority of a person,
                                        domiciled in India, has been on his attaining
                                        the age of eighteen years and not before. Of
                                        course, it would be not very material at this
                                        stage to consider that in computing the age
                                        of a person, the day on which he borns is to
                                        be included as a whole day.

                                   16. Be that as it may, one thing is certain that
                                        admittedly both the petitioners when they
                                        entered into the contract with the respondent
                                        Board they had not attained the age of
                                        majority. Apart from its legal impact and
                                        effect, the ramifications and end result on
                                        the status of a contract in terms of the
                                        service relationship, a person could be said
                                        to have entered into a valid service, only,
                                        when he has attained the age of majority. So
                                        the minimum age prescribed at the entry
                                        point in the Government service has been 18
                                        years. The maximum age prescribed for the
                                        exit point is 58 years. In other words, the
                                        total length of period of Government service
                                        in any case for pensionary benefits would
                                        not exceed 40 years. It is in this context, the
                                        Government      Circular   mentioned      herein
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                                        above needs to be considered. When there is
                                        a clear Rule provision anything contrary to
                                        or inconsistent with or incompatible to it,
                                        any circular or resolution or order, will not
                                        have any legal and valid effect to abridge
                                        the right enshrined in the Rule Provision.
                                        Even if the said circular of 1998 as relied
                                        upon by the petitioners is considered to be
                                        beneficial to them then, also, it cannot be
                                        read at this juncture with the existing
                                        statutory provision incorporated in the Bihar
                                        Pension Rules, as well as, the Bihar Service
                                        Code. Therefore, from that point of view also
                                        the petitioners cannot be allowed to contend
                                        that they have right to continue even beyond
                                        the age of 58 years though provided in Rule
                                        73 of the Bihar Service Code which
                                        prescribes the superannuation age of 58
                                        years.
                                   17. Thirdly, it is settled and established
                                        proposition of law and principles            of
                                        jurisprudence that a person who takes undue
                                        advantage by one or other reasons at the
                                        entry point in the service cannot be allowed
                                        to urge that he be given higher benefit and if
                                        it is urged then, clearly, it goes to show that
                                        something wrong or irregular has been
                                        done, at the entry point, in service. So the
                                        settled principle, also, creates a very strong
                                        impediment in getting the relief from this
                                        Court which is exercising extraordinary,
                                        prerogative, equitable and discretionary writ
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                                        jurisdiction by invocation of the provision of
                                        Article 226 of the Constitution of India.
                                   18. In our opinion, therefore, the impugned
                                        orders questioned in both the writ petitions,
                                        obviously, cannot be interfered with from
                                        any point of view as discussed hereinabove.
                                        The proposition of law, therefore, is made
                                        evident        and    unambiguous      that   the
                                        superannuation age prescribed in Rule 73 of
                                        the Bihar Service Code will apply for
                                        retirement purpose and a person cannot be
                                        continued beyond the age of completion of
                                        40 years in service. It is, therefore, evidently,
                                        clear that a Government servant who has
                                        completed 40 years of service or has
                                        attained the age of 58 years has to be
                                        superannuated in terms of the existing Rule
                                        provision. Our answer, therefore, is very
                                        clear     and    we    answer   this    reference
                                        accordingly. The contradictory view in the
                                        aforesaid decisions referred to hereinbefore,
                                        shall not be a good law.”


                     11. From the Hon’ble Full Bench decision of this Court

       in the case of Ragjawa Narayan Mishra (supra), it would

       transpire that if a person is appointed, while he was a minor, his

       services shall be counted till he attains the age of 60/62 years or

       maximum 42/44 years, in case of Class-III/ Class-IV employees.

       In the present case, since the petitioner has been appointed in 1983

       and as per the date of birth, which has been mentioned by the
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       petitioner in the writ petition i.e., 15.08.1968, he was 15 years of

       age at the time of his appointment. Therefore at best, the

       respondent authorities could have done, to have directed the

       petitioner to superannuate from service on completion of 42 years

       of service i.e. the maximum period which an employee can serve,

       assuming the date of employment as 18 years of age. In case of the

       petitioner, since he was appointed on 15.09.1983, the respondent

       authorities could have retired him from service on completion of

       42 years of age i.e. 15.09.2025. Further, the Hon’ble Supreme

       Court of India in the case of Bhola Nath (supra) and Dharam

       Singh (supra) has categorically held that if the person is engaged

       after following all the due process of law and is performing the

       work/duties, which are perennial in nature and which is same, as

       being performed by a regular employee, then in that case,

       considering the long tenure of engagement, he is liable to be

       regularized in service. In the present case, the respondent

       authorities have not contradicted the fact that the petitioner is not

       eligible to be appointed/regularized in service. The only ground,

       which has been taken to deny the regularization to the petitioner, is

       that at the time of his engagement as a daily wage employee, he

       was 15 years of age and was treated to be a minor. Further, in a

       recent judgment in the case of Bhikhani Devi & Etc. (supra), the
Patna High Court CWJC No.25749 of 2013 dt.16-06-2026
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       Hon’ble Supreme Court of India allowed the writ petition by

       holding that a temporary status casual labourer would be entitled

       to pensionary benefits on superannuation, even in the absence of

       regularization.

                    12. Considering the facts stated above and on the basis

       of the law laid down by the Hon’ble Supreme Court of India in the

       case of Dharam Singh (Supra) & Bhola Nath (Supra), this Court

       is of the considered opinion that the petitioner is entitled to be

       regularized in service w.e.f 15.09.1983 i.e. the date on which the

       order of appointment was issued. The petitioner is entitled for all

       the service related benefits, since it is not in dispute that he has not

       worked for the said period. However, the arrears payable to the

       petitioner shall remain continued to the period of three years,

       preceeding the date of filing of the present writ petition before this

       Court, in view of paragraph no.82 of the judgment of the Hon’ble

       Supreme Court of India in the case of Bhikhani Devi & Etc.

       (supra). He would be entitled for all the service related benefits

       treating his date of regularization as 15.09.1983 and the entire

       period from 15.09.1983 till the date of his retirement will be

       counter for the purposes of granting pension and pensionary

       benefits. Since, the petitioner has completed 42 years of service on

       15.09.2025, which an employee can maximum serve, in view of
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                                                       32/32




                    the decision of the Hon’ble Full Bench of this Court in the case of

                    Ragjawa Narayan Mishra (supra), he will be entitled for pension

                    and pensionary benefits w.e.f the date of his superannuation.

                                 13. The respondent authorities are directed to take steps

                    for regularization of the services of the petitioner in terms of the

                    directions given hereinabove and in terms of the decision of the

                    Hon’ble Supreme Court of India in the case of Dharam Singh

                    (Supra) & Bhola Nath (Supra) and to take steps for making

                    payment of arrears of salary, as indicated above and the pension

                    and pensionary benefits.

                                 14. The entire exercise in this regard must be completed

                    within a period of four months from the date of receipt/production

                    of a copy of the order.

                                 15. The writ petition is allowed.

                                 16. Pending applications, if any, shall also stands

                    disposed of.



                                                  (Ritesh Kumar, J)
AjayMishra/-
AFR/NAFR
CAV DATE                 NA
Uploading Date           18.06.2026
Transmission Date        NA


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