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Labour & Industrial LawSupreme Court of India

Pawan Kumar & Ors. v. Union of India & Ors.

Civil Appeal · 2026 INSC 156Decided 13 Feb 2026
C.A. No.-001610-001610 - 2026
Justice J.K. Maheshwari · Justice Atul S. Chandurkar

Background

The appellants worked as casual daily-wage workers (as sweepers and a cook) with the Income Tax Department in Gwalior since the 1990s, and sought regularization of their service after the Department began outsourcing similar work. The Central Administrative Tribunal and later the Madhya Pradesh High Court both rejected their claim, holding they did not meet the ten-year continuous-service threshold set out in the Supreme Court's Umadevi (3) judgment. The appellants argued they were on the same 2005 list of daily-wage workers as employees in two earlier Supreme Court cases (Ravi Verma and Raman Kumar) whose services had already been ordered regularized.

Decision Breakdown

The Supreme Court allowed the appeal, finding the appellants' names appeared on the same official 2005/2008 lists of daily-wage workers as the employees who won regularization in the Ravi Verma and Raman Kumar cases, making them similarly situated and entitled to identical treatment on grounds of non-discrimination. The Court relied on its recent Jaggo judgment, which clarified that Umadevi (3) was meant to stop illegal "backdoor" appointments, not to deny fair treatment to employees whose appointments were merely "irregular" but who performed long, continuous, and essential duties. It held that outsourcing the very same work the appellants had been doing showed the work was perennial in nature, not temporary. The Tribunal and High Court erred by rigidly applying Umadevi (3) without considering these distinguishing facts. The Court set aside the High Court's judgment and directed regularization of the appellants' services effective 01.07.2006, with consequential benefits to be released within three months.

Lesson Learnt

Long-serving casual or daily-wage government employees performing essential, recurring duties cannot be denied regularization merely by labelling their appointment "temporary," especially when similarly placed co-workers have already secured regularization through the courts: such selective treatment amounts to discrimination.

Pawan Kumar & Ors. v. Union of India & Ors. – Legal Case Shots | LegalAware