Employees hired without advertisement or interview cannot be regularised: Supreme Court
The Supreme Court ruled on April 16, 2026, in Madan Singh v State of Haryana that government employees hired on a contractual or ad hoc basis without public advertisement or interview cannot be regularized under state policies. This decision, by Justices P.S. Narasimha and Atul S. Chandurkar, struck down two 2014 Haryana government notifications aiming to regularize Group B, C, and D employees after 10 years of service.
Key Legal Reasoning
The Court emphasized that the absence of advertisement or interview raises doubts about the initial hiring process, undermining claims for regularization. It noted no records justified such hires, violating principles of fair recruitment under Articles 14 and 16 of the Constitution, consistent with prior precedents like Punjab Water Supply and Sewerage Board vs Ranjodh Singh. While June 2014 notifications were upheld for aligning with regular recruitment criteria on sanctioned posts, the July ones were invalidated.
Court’s Equitable Relief
Despite striking down regularization, the Court invoked Article 142 to allow these employees—many with 12+ years of service—to continue in their roles at the lowest applicable pay scale, acknowledging their experience and settlement without affecting advertised vacancies. This balances strict legality against humanitarian grounds, echoing earlier rulings like the 2018 Patna High Court case upheld by the Supreme Court.
