In Brief
Six workers engaged by the U.P. Higher Education Services Commission between 1989 and 1992 as daily-wage staff performed perennial administrative and driver duties. The Commission resolved to create 14 sanctioned posts in 1991 and sought state approval. The state rejected the proposal in 1999 and again in 2003, citing financial constraints and a ban on new posts. The appellants filed a writ petition for mandamus to sanction these posts and regularize their positions. The High Court dismissed the petition, treating it as a mere regularization plea and relying on the absence of formal rules and vacancies. The Supreme Court allowed the appeal, holding that the state's refusals were arbitrary and violated Articles 14, 16, and 21. It distinguished Umadevi, finding that where work is permanent and the state relied on the same workers for decades, refusing to sanction posts is unconstitutional. The Court ordered regularization with effect from 2002, creation of supernumerary posts, minimum pay-scale placement, and payment of full arrears with compound interest.
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