This civil appeal challenged the judgment and order of the Division Bench of the Madras High Court, which had set aside a Single Judge’s order directing the regularisation of the appellant’s service upon completion of ten years from his initial appointment. The appellant, who was originally appointed as a daily-wage watchman on August 26, 1992, through the employment exchange after a valid selection process, sought regularisation pursuant to G.O. No. 22 dated February 28, 2006, which mandated regularising daily-wage workers who had completed ten years of service as of January 1, 2006. Although the State delayed regularisation until 2010 under G.O. No. 187, the Supreme Court allowed the appeal, holding that the appellant’s legitimate front-door entry, combined with the clear terms of G.O. No. 22 and consistent treatment of similarly placed peers, entitled him to retrospective regularisation from the date he completed ten years of service.
- Nature of Proceedings: Civil appeal by special leave challenging a Division Bench judgment of the Madras High Court that had reversed a Single Judge’s decision granting retrospective regularisation.
- Factual & Service Background:
- The appellant’s name was sponsored by the local employment exchange, and after succeeding in the selection process, he was appointed as a daily-wages watchman on August 26, 1992.
- The Government of Tamil Nadu issued G.O. No. 22 on February 28, 2006, directing that daily-wage employees who completed 10 years of service as on January 1, 2006, be regularised.
- Instead of immediate regularisation, the State issued G.O. No. 187 on September 17, 2010, restricting regularisation from the date of the order.
- Key Findings and Rationale of the Supreme Court:
- Distinction from “Backdoor Entries”: Full Bench precedents like Dhanasekaran deal with informal or illegal “backdoor entries,” whereas the appellant’s initial induction in 1992 was channelled through the employment exchange against a sanctioned process, making those precedents inapplicable.
- Non-Application of G.O. No. 74: Government Order No. 74 was issued after the writ petition was already filed and disposed of by the Single Judge, and it applied to employees yet to be regularised; hence, it could not curtail the appellant’s accrued rights.
- Arbitrary Discrimination: The State cannot pick and choose by granting retrospective regularisation to peers while denying the same to the appellant, thereby violating Article 14.
- Final Outcome: The Supreme Court allowed the civil appeal, set aside the Division Bench’s judgment, and restored the Single Judge’s order directing the authorities to regularise the appellant’s service from the date he completed ten years of service with all consequential benefits and arrears of salary within three months.
2026 INSC 801
A.Velayutham v. The State of Tamil Nadu Rep. by its Principal Secretary to Government Labour and Employment (E2) Department and Ors. (D.O.J. 28.07.2026)
