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Bombay High Court

VEENA SANKET SAWANTversusTHE UNIVERSITY OF MUMBAI DEP.OF ATOMIC ENERGY CENTRE FOR EXCELLENCE IN BASIC SCIENCES (UM-DAE CEBS)

Decided
Disposal
DISPOSED OFF

Holding

The petitioners’ services shall not be disturbed and they are to be regularised in the newly created posts.

Summary

The petitioners, long‑serving non‑teaching staff of the University of Mumbai’s Department of Atomic Energy Centre for Excellence in Basic Sciences, challenged an advertisement to outsource their posts via a GeM tender after their contractual terms ended on 30 September 2025. They argued that their service of 14‑18 years on perennial duties created a substantive right to regularisation, and that the employer’s delay in creating sanctioned posts was arbitrary. The respondents contended the posts were contractual and that new sanctioned posts would be filled through a fresh recruitment process. The Court examined precedents such as Jaggo v. Union of India, Dharam Singh v. State of U.P., and Bhola Nath v. State of Jharkhand, emphasizing that perennial work cannot be perpetually outsourced and that denial of regularisation is arbitrary. It held that the petitioners’ services must not be disturbed and directed the Union of India to create and regularise the petitioners in the newly sanctioned posts within two months. The interim applications were dismissed and the petitions were disposed of accordingly.

Issues considered

  • The legality of outsourcing contractual posts performing perennial duties after long continuous service.
  • Whether the petitioners are entitled to regularisation despite the absence of formally sanctioned posts.
  • The arbitrariness of the employer’s delay in creating sanctioned posts and reliance on contractual labels.

Legislation cited

  • Maharashtra Metropolitan Region Development Authority Act, 1974

Subjects

  • regularisation
  • contractual employees
  • outsourcing
  • ad‑hocism
  • perennial duties
  • constitutional employer
  • equality
  • administrative law
  • service tenure

Judgment

         Digitally
         signed by
         PRASHANT
PRASHANT VILAS
VILAS    RANE
RANE     Date:
         2026.08.18
         17:58:01
         +0530                                                                       14.DOC



                                 IN THE HIGH COURT OF JUDICATURE AT BOMBAY

                                   ORDINARY ORIGINAL CIVIL JURISDICTION

                                       WRIT PETITION NO.4198 OF 2025
                                                   WITH
                                   INTERIM APPLICATION (L) NO.15545 OF 2026

                      Rupali Arjun Shringare                        ...Petitioner
                             Versus
                      The University of Mumbai- Department of
                      Automic Energy Centre for Excellence in
                      Basic Science (UM-DAE CEBS) & Ors.            ...Respondents

                                                    AND
                                       WRIT PETITION NO.4094 OF 2025
                                                   WITH
                                   INTERIM APPLICATION (L) NO.15621 OF 2026

                      Veena Sanket Sawant.                          ...Petitioner
                             Versus
                      The University of Mumbai- Department of
                      Automic Energy Centre for Excellence in
                      Basic Science (UM-DAE CEBS) & Ors.            ...Respondents

                                                    AND
                                       WRIT PETITION NO.4162 OF 2025
                                                   WITH
                                   INTERIM APPLICATION (L) NO.15498 OF 2026

                      Vaishali Manoj Kedar                          ...Petitioner
                             Versus
                      The University of Mumbai- Department of
                      Automic Energy Centre for Excellence in
                      Basic Science (UM-DAE CEBS) & Ors.            ...Respondents

                                                    AND
                                       WRIT PETITION NO.4944 OF 2025
                                                   WITH
                                   INTERIM APPLICATION (L) NO.14980 OF 2026

                      Swati Vikas Kolekar                           ...Petitioner
                             Versus
                      The University of Mumbai- Department of
                      Automic Energy Centre for Excellence in
                      Basic Science (UM-DAE CEBS) & Ors.            ...Respondents
                                                     Page 1 of 15
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                                   AND
                      WRIT PETITION NO.4190 OF 2025
                                  WITH
                  INTERIM APPLICATION (L) NO.15613 OF 2026

Neha Prakash Dhandekar                             ...Petitioner
       Versus
The University of Mumbai- Department of
Automic Energy Centre for Excellence in
Basic Science (UM-DAE CEBS) & Ors.                 ...Respondents
                                    _________
Mr. Akshay R. Pai a/w Siddhi Bhosale, Mr. Avadhut V. Patil, Mr. Rishab
Shanbagh i/b Bina R. Pai for Petitioners
Mr. Neel Helekar a/w Ms. Gauri Raghuwanshi for R. No. 1 & 2
Mr. Rui Rodrigues a/w Mohd. Monis, Jainendra Sheth for R. No. 3
Smt. Nazia Shaikh, AGP for State in WP/4190/2025 and WP/4198/2025
Mr. Rakesh Pathak, AGP for State in WP/4094/2025
Mr. Akshay Patkar, AGP for State in WP/4162/2025
Smt. Vrushali Kabre, AGP for State in WP/4944/2025
                                    _________

                                    CORAM:         G. S. KULKARNI &
                                                   Dr.NEELA GOKHALE, JJ.

                                    DATE:          11 AUGUST 2026.

P.C.


1.         We have heard learned Counsel for the parties. This is a batch of five

petitions in which the petitioners contend that they are serving with respondent

No.1 on different posts namely Senior Office Superintendent (Administration),

Senior Office Superintendent (Finance), Office Superintendent (Administration),

Office Superintendent (Finance), Office Assistant (Purchase & Stores). A chart is

submitted by the petitioners reflecting the details of the petitioners namely

‘tenure of the service so far enjoyed by the petitioners in the service of respondent

No.1’ etc.



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 Sr. Name            of Date      of Original         Present Post    Eligible        General profile
 No. Petitioner         joining      Appointed Post                   Sanctioned post of Sanctioned
                                                                                      post
 1    Swati Kolekar      01/10/2007 Office         Sr.Office      Registrar (1)/ Overall
      (WP 4944/2025)     (18Y 9M)   Superintendent Superintendent Administrative Administration
                                                   (Admin)        Officer -III   of the Centre;
                                                                  (1)            establishment
                                                                                 matters;
                                                                                 coordination
                                                                                 with Governing
                                                                                 Council,
                                                                                 Academic
                                                                                 Bodies       and
                                                                                 Government
                                                                                 agencies; policy
                                                                                 matters;
                                                                                 administrative
                                                                                 compliance; and
                                                                                 RTI      Matters
                                                                                 supervision of
                                                                                 administrative,
                                                                                 finance      and
                                                                                 academic
                                                                                 support
                                                                                 functions.
 2    Rupali Shringare   01/08/2009 Office        Sr.       Office Deputy       Overall
      (WP/4198/2025)     (16Y 10M) Superintendent Superintendent Controller of supervision of
                                                  (Finance)        Accounts (1) finance      and
                                                                                accounts;
                                                                                budget
                                                                                preparation and
                                                                                monitoring;
                                                                                grant
                                                                                management,
                                                                                finalization of
                                                                                accounts; audit
                                                                                coordination;
                                                                                financial
                                                                                reporting;
                                                                                monitoring of
                                                                                procurement
                                                                                and      payment
                                                                                processes.
 3    Vaishali Kedar     28/12/2007 Junior Clerk      Office         Administrative Handling
      (WP/4162/2025)     (18Y 6M)                     Superintendent Officer-III/Assi administrative
                                                      (Admin)        stant (1)        and
                                                                                      establishment
                                                                                      work;
                                                                                      correspondence;
                                                                                      maintenance of
                                                                                      records      and
                                                                                      files;
                                                                                      procurement
                                                                                      assistance; data
                                                                                      compilation     ;
                                                                                      coordination
                                                                                      with     internal
                                                                                      and      external
                                                                                      stakeholders;
 4    Neha Dandekar      18/10/2010 Office        Office         Assistant             Process of bills
      (WP/4190/2025)     (15Y 10M) Superintendent Superintendent Accounts              and payments;
                                    (Finance)     (Finance)      Officer (1)           maintenance of
                                                                                       accounts;
                                                                                       preparation of


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                                                                                  vouchers     and
                                                                                  financial
                                                                                  statements;
                                                                                  reconciliation of
                                                                                  accounts;
                                                                                  taxation;
                                                                                  assistance     in
                                                                                  budget       and
                                                                                  audit work
 5    Veena Sawant      29/11/2011   Office        Office Assistant Assistant     Procurement
      (WP/4094/2025)    (14Y 7M)     Assistant     (Purchase     & Personnel      and        stores
                                     (Purchase   & Stores)          Officer (1)   management;
                                     Stores)                                      contract      and
                                                                                  service matters;
                                                                                  maintenance of
                                                                                  records;
                                                                                  coordination of
                                                                                  institutional
                                                                                  activities    and
                                                                                  support
                                                                                  services;
                                                                                  supervision of
                                                                                  administrative
                                                                                  staff.




2.         The petitioners have approached this Court apprehending that their

services are likely to be discontinued in view of the advertisement issued by

respondent No.1 dated 10 September 2025 so as to outsource the said posts. The

contention of the petitioners is that, they have been serving for long duration as

seen from Column no.2 which is between fourteen years to eighteen years on the

said posts, and despite the regular work being available which needs to be

discharged perennially, respondent no.1 has not taken any action to create such

posts so as to regularize the petitioners’ services.

3.         A co-ordinate Bench of this Court in a detailed order dated 1 October

2025 while granting ad-interim protection to the petitioners, made the following

observations:

              “1.         The Petitioners before us are two ladies who are 47 years and 35
              years of age, respectively. The first Petitioner has been working for more than
              16 years as “Senior Office Superintendent – Finance”. The second Petitioner is
              working for 14 years as “Office Assistant – Purchase and Stores”.

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            2.         Respondent No.1, the University of Mumbai, operates the
            Department of Atomic Energy Centre for Excellence in Basic Sciences (UM–
            DAE CEBS), which is an aided Institute and a Society registered under the
            Maharashtra Metropolitan Region Development Authority Act, 1974, for
            conducting an educational course in the campus of the University of Mumbai.
            Both Petitioners are in the non-teaching staff category. The Union of India
            funds the scheme through the Department of Atomic Energy, Government of
            India.
            3.          The Petitioners have approached this Court in view of the oral
            instructions issued by Respondent No.1 that they need not report for duties
            with effect from 1st October, 2025 since their contract of employment,
            effective from 1st April, 2025 to 30th September 2025, would come to an
            end. The monthly consolidated honorarium is Rs.91,000/- for the first
            Petitioner and Rs.52,800/- for the second Petitioner.
            4.          The reason for instructing them not to report for duties is that an
            advertisement is published on 29th September, 2025 on the Government e-
            Market Portal (GeM portal) which indicates that the positions occupied by
            these Petitioners would now be outsourced through the Tender process. The
            said Tender indicates that retired employees of the Central Government could
            apply for contractual engagements and they would be performing the same
            duties which the Petitioners are presently performing. Reliance is placed on
            the judgments delivered by this Court in Madhukar B. Sadgir v/s. State of
            Maharashtra and Ors.1, and the Hon’ble Supreme Court in the matters of
            Jaggo v/s. Union of India and Ors. 2, and Dharam Singh and Ors. v/s. State of
            Uttar Pradesh and Anr.3
            5.          The learned Advocate for the Union of India and the learned
            Advocate for the University of Mumbai, have opposed grant of any ad-
            interim relief. The Advocate for the Union of India has placed before us a
            photostat copy of a note dated 30th September 2025, received by her from
            the Director, UM-DAE CEBS. The same is taken on record and marked as ‘X-
            1’ for identification. The said note reads as under :
                  “In this context, interalia, UM-DAE CEBS would like to apprise
                  Hon'ble Court that the petitioners were appointed in UM-DAE
                  CEBS on contract basis as there were no regular such posts
                  approved by the Department. These contracts came to an end on
                  30th September, 2025. CEBS would like to apprise the Hon'ble
                  Court     that     for    such   posts   the   GeM      Tender
                  GEM/2025/B/6705157 dated 19-09-2025 will be cancelled.
                  The department will use the known resources through re-
                  deployment etc to manage the organization for these posts. The
                  Ministry of Finance has recently conveyed sanction for creation
                  of 30 regular posts in academic, technical and administrative
                  category at UM-DAE-CEBS. The sanction was conveyed to
                  CEBS vide Department Note No.6/8(1)/2018/UM- DAE-
                  CEBS/R&D-II/ Vol.II/11157 dated 20.08.2025 which includes
                  10 administrative posts. Further Hon'ble Court may be informed
                  that the advertisement for all these sanctioned posts will be
                  issued soon with the approval of the Department of Atomic


1 2019(2) Mh.LJ 119
2 2024 INSC 1034
3 2025 SCC OnLine SC 1735
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                    Energy, UM-DAE CEBS will not re-engage any employee in the
                    same post as the petitioners or in any sanctioned post as of the
                    petitioners through any new contract advertising through GeM
                    portal or otherwise.

              6.         Issue notice to the Respondents, returnable on 24th November,
              2025. Mrs. Raghuwanshi, the learned Advocate waives service of notice on
              behalf of Respondent Nos.1 and 2, Mr. Rodrigues, the learned Advocate also
              waives service of notice on behalf of Respondent No.3 and the learned AGPs
              waive service of notice on behalf of Respondent No.4 in the respective
              Petitions.

              7.          Let the affidavits in reply be filed by the contesting Respondents,
              with pagination in continuation, at least, 10 days prior to the returnable date.
              Office objections, if any, to be removed, on or before 6th November, 2025,
              failing which, both these Petitions shall stand dismissed without reference to
              the Court, on 7th November, 2025.

              8.          The recruitment through the Tender process would strike at the
              root of the continuous service of these Petitioners between 11 to 16 years.
              Now, Respondent No.1 has decided to cancel the Tender as mentioned in ‘X-
              1’, and 30 posts are now created, to be filled in through public employment.
              Therefore, we direct that the two posts currently occupied by the Petitioners
              shall not be filled, even if an advertisement for recruitment is published. We
              direct that these Petitioners may be allowed to perform their duties as usual
              from today and would draw their consolidated pay for the duration that they
              are working. No equities would be created in their favour, by this order.

              9.        Though the recruitment process may continue, Respondent Nos.1
              and 2, would not formalize the same without the leave of the Court.”




4.         Mr. Pai, learned Counsel for the petitioners would submit that during the

pendency of these petitions, one more advertisement has been issued on the basis

that there are now sanctioned posts which are available, and which in fact, are for

the same work and posts as held by the petitioners, although the nomenclature of

the post is different. These posts are Registrar I / Administrative Officer-III,

Deputy Controller of Accounts, Administrative Officer-III/Assistant, Assistant

Accounts Officer and Assistant Personnel Officer. Thus, steps are being taken by

respondent No.1 to fill up all these posts. It is also the contention urged on behalf

of respondent No.1 that the petitioners can participate in the selection process, if


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they so desire. However, Mr. Pai, learned Counsel for the petitioners, would

submit that such participation would create a fait accompli for the petitioners,

inasmuch as they have acquired substantive rights on account of their long years

of service. In these circumstances, the petitioners cannot now be subjected to the

uncertainty of a fresh selection process.

5.         We have given our anxious consideration to the rival contentions. Mr.

Helekar, learned Counsel for respondent No. 1, would not dispute the long years

of service rendered by the petitioners and that the petitioners are performing

duties which, in fact, are to be performed by regularly appointed employees. The

only question that arises is as to why there has been a delay on the part of the

Union of India in according approval to the posts actually held by the petitioners,

apart from the new posts which have now been created and are sought to be filled

up.

6.         Mr. Helekar, however, on instructions, has taken a fair stand. He states that

the petitioners’ appointment would not, in any manner, be disturbed,

notwithstanding the process to make appointments to the newly created posts is

being undertaken, in respect of which an advertisement is stated to have been

issued in October 2025.

7.         In these facts of the case, considering the settled position in law, it would

be arbitrary for the employer like respondent No.1 which is created under the

control of the Central Government, to keep the petitioners ad-hoc and not

confirm on the said posts despite such long years of service being taken from

them. In such context we may refer to the settled principle of law as laid down by

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the Supreme Court in Jaggo Vs. Union of India4 wherein the Supreme Court

considered whether employees engaged on temporary or contractual basis for

long periods while performing perennial duties could be denied regularization by

merely relying upon the nomenclature of their appointments. The Court held that

where the work performed is perennial in nature and fundamental to the

functioning of the establishment, the employer cannot indefinitely continue such

employees on temporary terms and thereafter invoke the judgment in Umadevi

(supra) to defeat their legitimate claim. The relevant observations of the Supreme

Court read thus:

           “13. The claim by the respondents that these were not regular posts lacks
           merit, as the nature of the work performed by the appellants was perennial and
           fundamental to the functioning of the offices. The recurring nature of these
           duties necessitates their classification as regular posts, irrespective of how their
           initial engagements were labelled. It is also noteworthy that subsequent
           outsourcing of these same tasks to private agencies after the appellants'
           termination demonstrates the inherent need for these services. This act of
           outsourcing, which effectively replaced one set of workers with another,
           further underscores that the work in question was neither temporary nor
           occasional.
           ………
           26. While the judgment in Uma Devi (supra) sought to curtail the practice
           of backdoor entries and ensure appointments adhered to constitutional
           principles, it is regrettable that its principles are often misinterpreted or
           misapplied to deny legitimate claims of long-serving employees. This
           judgment aimed to distinguish between “illegal” and “irregular” appointments.
           It categorically held that employees in irregular appointments, who were
           engaged in duly sanctioned posts and had served continuously for more than
           ten years, should be considered for regularization as a one-time measure.
           However, the laudable intent of the judgment is being subverted when
           institutions rely on its dicta to indiscriminately reject the claims of employees,
           even in cases where their appointments are not illegal, but merely lack
           adherence to procedural formalities. Government departments often cite the
           judgment in Uma Devi (supra) to argue that no vested right to regularization
           exists for temporary employees, overlooking the judgment's explicit
           acknowledgment of cases where regularization is appropriate. This selective
           application distorts the judgment's spirit and purpose, effectively weaponizing
           it against employees who have rendered indispensable services over decades.

           27. In light of these considerations, in our opinion, it is imperative for
           government departments to lead by example in providing fair and stable

4 2024 SCC OnLine SC 3826
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              employment. Engaging workers on a temporary basis for extended periods,
              especially when their roles are integral to the organization's functioning, not
              only contravenes international labour standards but also exposes the
              organization to legal challenges and undermines employee morale. By
              ensuring fair employment practices, government institutions can reduce the
              burden of unnecessary litigation, promote job security, and uphold the
              principles of justice and fairness that they are meant to embody. This approach
              aligns with international standards and sets a positive precedent for the private
              sector to follow, thereby contributing to the overall betterment of labour
              practices in the country.”




8.         In Dharam Singh & Ors. Vs. State of U.P. & Anr. 5, the Supreme Court

held that although the creation of posts is primarily an executive function, the

refusal to sanction posts cannot be immune from judicial scrutiny for

arbitrariness, particularly where the employer ignores the functional necessity of

the work and its own longstanding reliance on employees performing regular and

perennial duties. The Court observed that continuous deployment of employees

to perform duties which are continuous, integral and perennial demonstrates the

permanent nature of the work, and that the State cannot continue extracting such

work for years while pleading want of sanctioned strength. The Court further held

that Umadevi distinguishes 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. It reiterated that Umadevi cannot be deployed as a shield to justify

long-term ad hocism or exploitative contractual engagements. In the present case,

the petitioners have continuously discharged perennial and indispensable public

health duties after being appointed through a duly constituted selection process,

and the respondents cannot rely upon the contractual nature of their

5 2025 SCC OnLine SC 1735
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appointments to deny consideration for regularization. The respondents' refusal

to regularize the petitioners despite their long and uninterrupted service, the

admitted existence of sanctioned vacancies and the regularization of similarly

situated employees is, therefore, arbitrary and squarely covered by the principles

laid down in Dharam Singh & Ors.. The relevant observations of the Supreme

Court read thus:

           “8. The State's refusal of 11.11.1999 cites “financial constraints” and the
           subsequent decision of 25.11.2003 (taken after the High Court's direction to
           reconsider) adverts to financial crisis and a ban on creation of posts. Neither
           decision engages with relevant considerations placed on record, namely, the
           Commission's 1991 resolution and repeated proposals, the acknowledged
           administrative exigencies of a recruiting body handling large cycles, the
           continuous deployment of these very hands for years, and the existence of
           attendant work that is primarily perennial rather than sporadic. While
           creation of posts is primarily an executive function, the refusal to sanction
           posts cannot be immune from judicial scrutiny for arbitrariness. We believe
           that a non-speaking rejection on a generic plea of “financial constraints”,
           ignoring functional necessity and the employer's own longstanding reliance
           on daily wagers to discharge regular duties, does not meet the standard of
           reasonableness expected of a model public institution.

           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 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
           acknowledgment 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 India 4 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

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           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 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 fulfill 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 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 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

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                     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 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 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


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              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 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.”



9.         In Bhola Nath Vs. State of Jharkhand & Ors. 6 in the very context, the

Supreme Court has observed thus:

              “13.4. We are unable to discern any rational basis for the respondent-State’s
              decision to discontinue the appellants after nearly ten years of continuous
              service. We are conscious that the symbiotic-relationship between the
              appellants and the respondent-State was mutually beneficial, the State derived
              the advantage of the appellants’ experience and institutional familiarity, while
              the appellants remained in public service. In such circumstances, any
              departure from a long-standing practice of renewal, particularly one that
              frustrates the legitimate expectation of the employees, ought to be supported
              by cogent reasons recorded in a speaking order.
              13.5. Such a decision must necessarily be a conscious and reasoned one. An
              employee who has satisfactorily discharged his duties over several years and
              has been granted repeated extensions cannot, overnight, be treated as surplus
              or undesirable. We are unable to accept the justification advanced by the
              respondents as the obligation of the State, as a model employer, extends to fair
              treatment of its employees irrespective of whether their engagement is
              contractual or regular.
              13.6. This Court has, on several occasions, deprecated the practice adopted by
              States of engaging employees under the nominal labels of “part-time”,
              “contractual” or “temporary” in perpetuity and thereby exploiting them by not
              regularizing their positions. In Jaggo v. Union of India, this Court
              underscored that government-departments must lead by example in ensuring
              fair and stable employment, and evolved the test of examining whether the
              duties performed by such temporary employees are integral to the day-to-day
              functioning of the organization.
              13.7. In Shripal v. Nagar Nigam and Vinod Kumar v. Union of India, this
              Court cautioned against a mechanical and blind reliance on Umadevi (supra)
              to deny regularization to temporary employees in the absence of statutory
              rules. It was held that Umadevi (supra) cannot be employed as a shield to
              legitimise exploitative engagements continued for years without undertaking
              regular recruitment. The Court further clarified that Umadevi itself draws a
              distinction between appointments that are “illegal” and those that are merely
              “irregular”, the latter being amenable to regularization upon fulfillment of the


6 2026 SCC OnLine SC 129
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                  prescribed conditions.
                  13.8. In Dharam Singh v. State of U.P., this Court strongly deprecated the
                  culture of “ad-hocism” adopted by States in their capacity as employers. The
                  Court criticised the practice of outsourcing or informalizing recruitment as a
                  means to evade regular employment obligations, observing that such measures
                  perpetuate precarious working conditions while circumventing fair and lawful
                  engagement practices.
                  13.9. The State must remain conscious that part-time employees, such as the
                  appellants, constitute an integral part of the edifice upon which the machinery
                  of the State continues to function. They are not merely ancillary to the
                  system, but form essential components thereof. The equality mandate of our
                  Constitution, therefore, requires that their service be reciprocated in a manner
                  free from arbitrariness, ensuring that decisions of the State affecting the
                  careers and livelihood of such part-time and contractual employees are guided
                  by fairness and reason.”


10.        Considering the aforesaid settled principle of law, we are of the opinion

that the petitions need to be disposed of, however, in terms of the following order:

           (I)       We accept the statement as made on behalf Mr. Helekar, learned

           Counsel for respondent No.1 that the services of the petitioners would not

           be disturbed.

           (II)      We direct the Union of India to create the posts as held by the

           petitioners within a period of two months from today, and on such posts

           the petitioners are directed to be regularized considering their long years of

           service and principles of law as discussed hereinabove.

           (III) Respondent No.1 is free to undertake and complete the exercise of

           filling up the posts under the advertisement issued in October, 2025

           without in any manner whatsoever, disturbing the employment of the

           petitioners.

           (V)       All contentions of the petitioners in regard to any other benefits are

           expressly kept open.


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11.        The petitions stand disposed of in the aforesaid terms.

12.        Pending Interim Applications would not survive. They, accordingly, stand

disposed of.




(Dr.NEELA GOKHALE, J.)                                      (G. S. KULKARNI, J.)




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