Recently, in Dharam Singh & Ors. v. State of U.P. & Anr., the Supreme Court underscored and preserved the principle of equity and ruled against the selective regularisation of similarly situated employees. The Court held that the State cannot extend regularisation benefits to some daily-wage workers while denying the same to others placed in identical positions.

Construing such actions as discrimination, the Court observed as under: 

“Selective regularisation in the same establishment, while continuing the appellants on daily wages despite comparable tenure and duties with those regularised, is a clear violation of equity.”

The Court further emphasised that, as a constitutional employer, the State is obligated to regularise perennial workers, create a budget for lawful engagement, and comply with judicial directions in full. It noted that delay in fulfilling these obligations is not mere negligence but a deliberate denial of dignity and livelihood for workers. To this end, it mandated the creation of supernumerary posts, full regularisation, consequential financial benefits, and the filing of sworn compliance affidavits as constitutional duties under Articles 14, 16, and 21 of the Constitution of India.

Resultantly, since the appellants had been performing perennial duties for decades, the Court ordered their regularisation with retrospective effect from 2002, together with full back wages, continuity of service, and all attendant benefits.