It is a disconcerting reality.
Secretary, State of Karnataka v. Uma Devi, (2006) 4 SCC 1 is often misinterpreted or misapplied to deny legitimate claims of long-serving employees. Government often cites and distorts Uma Devi’s spirit and purpose, effectively weaponizing it against employees who have rendered indispensable services over decades.
Where appointments were not ‘illegal’ but possibly ‘irregular’ and employees had served continuously, need for a fair and humane resolution becomes paramount. A prolonged, continuous and unblemished service, performing tasks inherently required on a regular basis, can, over time, transform what was initially ad-hoc or temporary into a scenario demanding fair regularization. See, Vinod Kumar v. Union of India, [2024] 1 SCR 1230.
– Hon’ble Justice Vikram Nath, Jaggo v. Union of India, [Special Leave Petition (Civil) No. 5580 of 2024].