Jaipur: The Rajasthan High Court has ordered the regularisation of a government driver’s services after he worked as a daily wager for nearly 28 years.
The court strongly criticised the state for exploiting workers and profiting from its own inaction.
A division bench comprising Chief Justice Sanjeev Prakash Sharma and Justice Sangeeta Sharma set aside a single judge’s April 2025 order that had dismissed the petition.
The bench directed the state to regularise Mohd Sadik’s services, recognising his continuous, blemish-free tenure.
In service as a driver from 1997
Sadik was initially appointed as a driver on June 26, 1997. He was terminated in August 2000 but reinstated with continuity of service following a 2009 labour court award. He rejoined in 2012 and continued until his superannuation on July 31, 2025.
The state refused regularisation
The state had refused regularisation, citing a 2009 notification and the Supreme Court’s 2006 Uma Devi judgment, which generally bars backdoor entry but allows consideration for regularisation in cases of long service (10+ years by a cutoff date). The petitioner argued that his 28 years of service far exceeded such thresholds, and Uma Devi itself permitted consideration for those with over 10 years.
What did the Court say?
The court rejected the state’s defence, emphasising that the welfare state cannot rely on daily wagers or contractual workers to perform perennial/core public functions, then deny regularisation by pointing to a lack of sanctioned posts.
The state, as a model employer, must act promptly rather than force employees into prolonged litigation to claim their rights.
Sadik’s services were entirely blemish-free, with no complaints ever recorded against him.
Allowing the state to extract decades of work while keeping someone in “perpetual temporariness” is exploitative and unconstitutional.
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