Court Directs University to Regularize Long-Serving Employees or Create Supernumerary Posts Within Three Months
The Delhi High Court has delivered a landmark judgment concerning the status of contractual employees at the Delhi Technological University (DTU), marking a significant decision in the realm of service law. The Division Bench, comprising Chief Justice Devendra Kumar Upadhyaya and Justice Tejas Karia, has directed the university to regularize employees who have been engaged on a contractual basis since 2010 and 2011. The ruling highlights that these employees have been performing essential duties for over a decade, thus warranting their regularization.
The judgment stems from two intra-court appeals under Clause X of the Letters Patent. One appeal was filed by the employees seeking regularization, and the other by DTU challenging the decision of a Single Judge who had earlier directed the university to consider regularizing the employees’ services. The university contended that the initial appointments did not adhere to the standard recruitment rules, and thus, the employees were not eligible for regularization as per the Supreme Court’s guidelines in Umadevi (3).
However, the High Court observed that the appointments, though irregular due to procedural lapses, were not illegal. The court emphasized that the long and continuous service of these employees, who have fulfilled essential roles, strengthens their eligibility for regularization. Importantly, the court mandated the creation of supernumerary posts if regular posts are unavailable, ensuring that the employees' rights to fair employment are protected.
The court further instructed that this exercise of regularizing employees or creating supernumerary posts must be completed within three months. This decision aligns with previous rulings, such as in the cases of Vinod Kumar and Pawan Sharma, which support the regularization of employees performing continuous and essential functions.
This judgment is expected to have a broad impact, potentially influencing the employment policies of other educational and governmental institutions in India, particularly concerning the treatment of long-serving contractual employees.
Bottom Line :
Regularization of employees' services - Employees engaged on contractual basis for more than a decade Directions issued for regularization against available posts or creation of supernumerary posts if required.
Statutory provision(s):
- State of Karnataka v. Umadevi (3), (2006) 4 SCC 1
- Vinod Kumar v. Union of India, (2024) 9 SCC 327
- Bhola Nath v. State of Jharkhand, 2026 SCC Online SC 129
- Jaggo v. Union of India, 2024 SCC Online SC 3826
- Shripal v. Nagar Nigam, 2025 SCC Online SC 221
- Pawan Sharma v. State (NCT of Delhi), 2025 SCC Online Del 8313
- Sukhendu Bhattacharjee v. State of Assam, 2026 SCC Online SC 909
Om Prakash Gaur v. Delhi Technological University, (Delhi)(DB) : Law Finder Doc id # 2963275
