Gujarat High Court Allows Appeal by Dhoraji Nagarpalika Against Absorption Order in Service Regularization Case. Appointment of Daily Wager Without Following Recruitment Rules is Void Ab Initio and Cannot Be Regularized.

High Court: Gujarat High Court In Favour of Accused

Admin

2026-05-19 14:12:26

Font size:

Case Note & Summary

The case involves an appeal by Dhoraji Nagarpalika (appellant) against an order of the learned Single Judge dated 10.01.2019 in Special Civil Application No. 471/2015. The Single Judge had allowed the petition of respondent No.2, directing the appellant to absorb respondent No.2 on a permanent post of Helper in the Vehicle Department and regularize his service w.e.f. 01.11.2015 with consequential benefits. The appellant challenged this order, arguing that respondent No.2 was appointed as a daily wager without following the recruitment rules, and therefore, he has no right to regularization. The court, after hearing the parties, held that the appointment of respondent No.2 was void ab initio as it was made without following the recruitment rules. The court relied on the principle that regularization cannot be granted to a person whose initial appointment is illegal. The court set aside the order of the Single Judge and dismissed the petition of respondent No.2. The court also disposed of the connected Misc. Civil Application No. 439 of 2020.

Headnote

A) Service Law - Regularization of Daily Wagers - Appointment Without Following Recruitment Rules - The court considered whether a daily wager appointed without following the recruitment rules is entitled to regularization. The court held that such an appointment is void ab initio and cannot be regularized. The court set aside the Single Judge's order directing absorption and regularization. (Paras 1-16)

B) Service Law - Absorption - Permanent Post - The court held that absorption on a permanent post can only be done if the initial appointment was made in accordance with the recruitment rules. Since the respondent No.2 was appointed as a daily wager without following the rules, he has no right to absorption. (Paras 2-16)

Issue of Consideration

Whether a daily wager appointed without following the recruitment rules is entitled to regularization and absorption on a permanent post.

Final Decision

Appeal allowed. Order of Single Judge dated 10.01.2019 set aside. Special Civil Application No. 471/2015 dismissed. Misc. Civil Application No. 439 of 2020 disposed of.

Law Points

Regularization of daily wagers
Absorption without following recruitment rules
Right to regularization not a fundamental right
Appointment without following rules is void ab initio

Case Details

2026:GUJHC:8539-DB

R/LETTERS PATENT APPEAL NO. 487 of 2021 in R/SPECIAL CIVIL APPLICATION/471/2015

2026-01-30

Honourable Mr. Justice Bhargav D. Karia, Honourable Mr. Justice L. S. Pirzada

2026:GUJHC:8539-DB

Mr. Deep D. Vyas for appellant, Ms. Shruti Dhruve for respondent No.1, Mr. Brijesh Trivedi for respondent No.2

Dhoraji Nagarpalika & Anr.

State of Gujarat & Anr.

Nature of Litigation

Letters Patent Appeal against order of Single Judge directing absorption and regularization of a daily wager.

Remedy Sought

Appellant sought setting aside of Single Judge's order directing absorption and regularization of respondent No.2.

Filing Reason

Appellant challenged the order of Single Judge which directed absorption of respondent No.2 on permanent post of Helper.

Previous Decisions

Single Judge allowed Special Civil Application No. 471/2015 on 10.01.2019 directing absorption and regularization.

Issues

Whether a daily wager appointed without following recruitment rules is entitled to regularization and absorption on a permanent post.

Submissions/Arguments

Appellant argued that respondent No.2 was appointed as daily wager without following recruitment rules, hence no right to regularization. Respondent No.2 argued that he has worked for long period and is entitled to regularization.

Ratio Decidendi

A daily wager appointed without following the recruitment rules has no right to regularization or absorption on a permanent post, as such appointment is void ab initio.

Judgment Excerpts

This appeal is filed challenging the order dated 10.01.2019 passed by the learned Single Judge in Special Civil Application No. 471/2015 by which, the petition preferred by the respondent No.2 was allowed and the appellant-Dhoraji Nagarpalika was directed to absorb respondent No.2 on permanent post of Helper in Vehicle Department and regularize his service w.e.f. 01.11.2015 and to give all the consequential benefits available to the regular employees.

Procedural History

Respondent No.2 filed Special Civil Application No. 471/2015 seeking regularization. Single Judge allowed the petition on 10.01.2019. Appellant filed Letters Patent Appeal No. 487/2021 challenging the order. Connected Misc. Civil Application No. 439/2020 was also filed.