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Argument Lab/For Petitioner/Identically Placed Workers Regularized, Exclusion Arbitrary — (2026) INSC 523
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Identically Placed Workers Regularized, Exclusion Arbitrary — (2026) INSC 523

The appellants are identically situated to nearly 30,000 Muster Roll and Work Charged workers who were regularized pursuant to the Cabinet decision dated 22 July 2005.

Sukhendu Bhattacharjee v. State of Assam — (2026) INSC 523

Core Argument

The appellants are identically situated to nearly 30,000 Muster Roll and Work Charged workers who were regularized pursuant to the Cabinet decision dated 22 July 2005. The exclusion of the appellants due to clerical errors and administrative lapses violates Article 14. The State cannot take shelter under Umadevi when it has already regularized similarly placed workers.

Key Precedents

  • Azam Jahi Mill Workers Association v. National Textile Corporation Ltd. (2022) 17 SCC 797 — Held that equals must be treated equally; if persons similarly placed are treated differently without rational basis, it violates Article 14.
  • Pawan Kumar v. Union of India 2026 INSC 156 — Held that when certain employees have been regularized but others similarly placed were left out, such differential treatment is discriminatory, and the same relief must be granted.
  • Jaggo v. Union of India 2024 SCC OnLine SC 3826 — Held that Umadevi does not intend to penalize long-serving employees; the State cannot take mechanical shelter under Umadevi to deny equitable treatment.
  • National Buildings Construction Corporation v. S. Raghunathan (1998) 7 SCC 66 — Explained the doctrine of legitimate expectation — government must honour its statements of policy and intention.

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