The Jammu and Kashmir High Court recently ruled that simply working in a department for over 20 years does not automatically grant an employee the right to regularization unless the proper recruitment process has been followed. The court emphasized that employment must be secured through a formal and legal hiring procedure, and long-term service alone does not justify regularization.
Court’s Observations on the Case
The case involved a petitioner who had been working as a daily wage sweeper in a government department. Despite serving continuously for more than two decades, the petitioner was not hired through an official recruitment process. The High Court made it clear that employment obtained without following the prescribed rules cannot be regularized just because the employee has worked for a long time.
The court referred to previous Supreme Court rulings, which stated that regularization is only possible when the hiring process aligns with government rules and regulations. It pointed out that providing regular employment benefits to someone hired outside the formal recruitment system would be unfair to candidates who go through the proper selection process.
Key Takeaways from the Judgment
- Tenure Alone Is Not Enough – Working in a position for a long time does not automatically qualify an employee for regularization.
- Proper Recruitment Is Essential – Government jobs must be filled through a transparent selection process.
- Daily Wage and Contractual Workers – Those working on a temporary or daily wage basis cannot claim regularization unless they were hired through formal channels.
- Fairness in Hiring – Regularization without proper selection would be unfair to others who apply through official channels.
Impact of the Judgment
This ruling clarifies that employees who have been working on a contractual or daily wage basis cannot assume they will be regularized unless they were recruited through the correct procedures. The decision reinforces the importance of fair hiring practices and prevents favoritism or irregular employment practices in government jobs.
