As per case facts, petitioners, initially appointed on a contract basis as Chowkidars by the Punjab Water Supply & Sewerage Board, were transferred to the Municipal Council, Garhshankar, where they ...
IN THE HIGH COURT OF PUNJAB & HARYANA
AT CHANDIGARH
(i) CWP-14424-2007 (O&M)
Devinder Kumar and another …..Petitioners
Versus
State of Punjab and others ....Respondents
(ii) COCP-2290-2011 (O&M)
Devinder Kumar @ Davinder Kumar and another …..Petitioners
Versus
Rajinder Singh Sukka and another ....Respondents
1. The date when the judgment is reserved 03.07.2026
2. The date when the judgment is pronounced 13.07.2026
3. The date when the judgment is uploaded on 13.07.2026
4. Whether only operative part of the judgment is
pronounced or full judgment is pronounced
Full
5. The delay, if any, of the pronouncement of full
judgment, and reasons thereof.
Not applicable
CORAM: HON’BLE MR. JUSTICE NAMIT KUMAR
Argued by : Mr. R.K. Arora, Senior Advocate assisted by
Mr. Prabhat K. Jalbera, Advocate for the petitioners.
Mr. N.P.S. Hira, D.A.G., Punjab.
Mr. R.S. Khosla, Senior Advocate assisted by
Ms. Mankreet Sangar, Mr. Yogender Verma and
Ms. Abadhya Singh, Advocates for respondents No.3 & 4.
****
NAMIT KUMAR, J.
1. This judgment shall dispose of abovesaid petitions, as
common question of law and facts are involved for adjudication. For the
sake of convenience, facts are taken from CWP-14424-2007.
CWP-14424-2007 (O&M) 2
COCP-2290-2011 (O&M)
2. The petitioners have filed the instant petition under Articles
226/227 of the Constitution of India, seeking issuance of a writ of
mandamus directing the respondents to consider and regularize the
services of the petitioners in view of the Policy Instructions dated
15.12.2006 (Annexure P-3) which have been issued as per the dictum of
the Apex Court in State of Karnataka and others Vs. Umadevi and
others: (2006) 4 SCC 1 and keeping in view the judgment dated
26.04.2007 (Annexure P-4). Further, seeking issuance of a writ of
prohibition restraining respondents No.3 & 4 from relieving the
petitioners for further sending them to respondent No.5 till the case of
the petitioners for regularization under the policy is considered.
3. Brief facts, as have been pleaded in the present petition, are
that petitioner No.1 was appointed on 01.11.1991 and petitioner No.2
was appointed on 01.04.1992 on the post of Chowkidar on contract
basis by respondent No.5-Punjab Water Supply & Sewerage Board,
Hoshiarpur for the purpose of looking after and running the tubewells
which were installed in Ward No.2 as well as Birampur Road,
Garhshankar. Thereafter, vide communication dated 01.01.2000
(Annexure P-1), respondent No.5 handed over the abovesaid tubewells
along with the staff to the Municipal Council, Garhshankar. After
absorption of the petitioners, respondents No.3 & 4 have passed various
resolutions. The resolution dated 15.03.2000 (Annexure P-2) clearly
shows that the petitioners were adjusted in the Municipal Council,
Garhshankar and their scale etc. were also not altered. In view of the
judgment of Hon’ble Supreme Court in Uma Devi’s case (supra), the
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Punjab Government issued policy instructions dated 15.12.2006
(Annexure P-3) which provides regularization of the work-charged,
daily wage workers and employees working on 89 days/ad
hoc/temporary basis. After coming to know about the said policy
instructions which were also applicable to the Municipal Council in the
State of Punjab, the petitioners submitted a representation dated
10.07.2007 (Annexure P-5) to respondent No.4 for regularization of
their services under the said instructions. However, instead of
considering their cases for regularization under the said instructions,
respondent No.4 became annoyed and asked the petitioners on
24.08.2007 to report back to respondent No.5 from where they were
sent to the Municipal Council. Thereafter, the petitioners gave their
reply to respondent No.4 that since the tubewells have been taken over
by the Municipal Council, therefore, it will not be possible for them to
go and join with respondent No.5. After 31.08.2007, the petitioners
were not being allowed to work with respondent No.4. On 05.09.2007,
the petitioners went to the office of respondent No.5 and explained the
entire situation. However, respondent No.5 informed the petitioners that
since there is no written order and tubewells in question are still with
the Municipal Council, therefore, the question of their being sent to
respondent No.5 does not arise and as such, respondent No.5 shown its
inability to allow the petitioners to join with respondent No.5. Hence,
the instant petition.
4. Short reply by way of affidavit of Sh. Darshan Singh, PCS,
Joint Secretary to Government of Punjab, Department of Local
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COCP-2290-2011 (O&M)
Government, Punjab, Chandigarh, on behalf of respondents No.1 & 2
has been filed, wherein it has been stated that the relief claimed by the
petitioners is decidable at the level of respondents No.3 & 4 because the
posts against which the petitioners were engaged to work on contractual
basis have not been constituted, as yet. Reply by way of an affidavit of
Sh. Ravinder K. Aggarwal, Sub Divisional Engineer, PWSSB,
Hoshiarpur, on behalf of respondent No.5, has been filed wherein it has
been stated as under :-
“1. That the schemes i.e. tubewells were handed over by
the PWSSB for further maintenance and operation to the
Municipal Council, Gharshanker, as desired by the
Municipal Council. Also on the request of the Municipal
Council, Garshankar, the petitioners were transferred
along with the schemes. Thus, the petitioners have no
concern and employer-employee relationship with the
Punjab Water Supply and Sewerage Board. The petitioners
who became employees of the Municipal Council,
Garhshankar have no legal right of regularization against
the Punjab Water Supply and Sewerage Board at this stage
and thus the writ petition deserves to be dismissed qua the
answering respondent.
2. That the case of the petitioners is not covered under
policy instructions dated 15.12.2006 as the instructions
have been issued only qua daily wages/work charged and
employees working on 89 days/adhoc/temporary basis
whereas the petitioners were appointed on contact basis.
The writ petition should be dismissed on this ground
alone.”
5. Written statement by way of an affidavit of Sh. Sarabjit
Singh, Executive Officer, Municipal Council, Garshankar, on behalf of
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COCP-2290-2011 (O&M)
respondent No.4, has also been filed, wherein it has been stated as
under :-
1. That the petitioners were appointed by the Punjab
Water Supply and Sewerage Board, Hoshiarpur on various
dates on contract basis. The Board was looking after and
running tubewells within the Municipal Committee
Garshaknakar. On 1.1.2000, the Municipal Committee took
over control of the same from the Board. The petitioners
are claiming that the latter had ‘Transferred: the
petitioners' services alongwith the tubewells to the
Municipal Committee. There being no rule under which
such a "Transfer" of a contract employee could be done, it
was actually a case of a fresh appointment on contract
basis by the Municipal Council.
2. That the Hon'ble Supreme Court while handing
down the definitive judgment in Uma Devi (3)-(2006) 4
S.C.C. 1 - had made it clear that henceforward there would
be no regularization of contract basis and other such
employees. However, as a one time measure the Supreme
Court permitted the regularization of irregularly (but not
illegally) appointed employees initiating the process during
the next six months. Only such employees had been
appointed as per due procedure; had been appointed
against regular posts; and had been continuing for at least
ten years but not due to stay order of any court, may be
regularized as per this one time measure.
3. That the Punjab Government, as a one time measure
permitted by the Supreme Court framed a Scheme dated
15
th
December, 2006 which is annexed to the petition as
Annexure P-3. 10.04.2006 was fixed as the cut-off date for
calculating 10 years service.
4. That the services of the petitioners cannot be
regularized because the basic requirement for employment
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as per the Supreme Court is that it must be as per the
constitutional Scheme of public appointment keeping in
view the mandate of Articles 14 and 16 of the constitution.
These employees were appointed afresh on contract basis
without following any legal formalities required for
recruitment in accordance with rules.
5. That the petitioners also did not fulfill the condition
of 10 years service. They were appointed by the Municipal
Council on 01.01.2000 on taking over the tubewells.
Actually, even then they were not appointed as per rules in
force because previous permission of the department of
local government was not taken. The Department, however,
gave the post - facto sanction to the appointment.
6. That the Hon'ble Supreme Court has also held that
while ordering regularization of adhoc employees etc. care
may be taken not to impose on the State any undue
financial burden. (Para 19, Uma Devi (3)). Municipal
Committees/councils/corporations in Punjab already
have a surplus manpower of the order of 2000 regular
employees resulting from regularization orders of various
courts. Any further regularization will seriously hamper the
local bodies in the discharge of their duties and impose
undue financial burden on them.
7. That the resolution of the Municipal Council passed
in the past have no value because of the law as declared by
the Hon'ble Supreme Court. The judgment of the Supreme
Court in State of Punjab V/s Gurcharan Singh Kahlon
depended upon by the petitioners is also of no avail to them
because the Division Bench has made it very clear that
judgment is not to be treated as a precedent in future and
accordingly is a judgment in persona and not a judgment
in rem.”
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COCP-2290-2011 (O&M)
6. In compliance with order dated 24.11.2022 passed by this
Court, an additional affidavit by respondent No.4, has been filed
wherein it has been specifically stated that no sanctioned post of
Chowkidar exists within the Municipal Council and as such there is no
post against which the petitioners can be regularized. So far as the
operation of tubewells is concerned, the same was outsourced to an
outside agency and are not being operated by any personnel of the
Municipal Council.
7. Learned Senior counsel for the petitioners has argued that
in view the judgment of Hon’ble Supreme Court in Uma Devi’s case
(supra), the Punjab Government issued a policy instructions dated
15.12.2006 (Annexure P-3) regarding regularization of the work-
charged, daily wage workers and employees working on 89 days/ad
hoc/temporary basis and as the Municipal Council had already passed a
resolution 15.03.2000 (Annexure P-2) regarding absorbing the
petitioners, therefore, the case of the petitioners is squarely covered
under the policy instructions dated 15.12.2006. He has further submitted
that right from the date of their appointments with respondent No.5 and
even after their absorption by respondent No.4, the petitioners had
continuously performed their duties as Chowkidar on tubewells.
Therefore, the petitioners are entitled for regularization for their
services.
8. Per contra, learned State counsel and learned Senior
counsel for respondents No.3 & 4, while referring to the averments
made in the written statements, have vehemently opposed the claim of
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regularization of the services of the petitioners and submitted that the
case of the petitioners is not covered under the policy instructions dated
15.12.2006, as the said instructions have been issued only qua daily
wagers, work charged and employees working on 89 days/ad hoc/
temporary basis, whereas the petitioners were appointed on contractual
basis. They have further submitted that, in any event, the petitioners
were appointed afresh on a contractual basis by the Municipal Council,
Garhshankar w.e.f. 01.01.2000 and continued to serve till 31.08.2007.
Therefore, they did not complete the requisite qualifying service of ten
years and are not entitled for regularization.
9. I have heard learned counsel for the parties and perused the
relevant documents.
10. Admittedly, petitioner No.1 was appointed on 01.11.1991
and petitioner No.2 was appointed on 01.04.1992 on the post of
Chowkidar on contract basis by respondent No.5 for the purpose of
looking after and running the tubewells which were installed in Ward
No.2 as well as Birampur Road, Garhshankar. Thereafter, vide
communication dated 01.01.2000 (Annexure P-1), respondent No.5
handed over the abovesaid tubewells along with the staff, to the
Municipal Council, Garhshankar and they worked with Municipal
Council, Garhshankar till 31.08.2007. The grievance of the petitioners is
that since they continuously worked with respondent No.5 and
thereafter, with respondent No.4 for about 15 years, therefore, their case
is covered under the policy instructions dated 15.12.2006 issued by the
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Punjab Government and they are entitled for regularization, however,
respondent No.4 had failed to consider their case for regularization.
11. There is no dispute that the petitioners were working with
Municipal Council, Garhshankar on contractual basis. A contractual
engagement by its very nature carries no promise of permanence. It
begins with consent and ends by the terms to which the parties have
bound themselves. When the tenure expires, the engagement ceases and
that cessation does not amount to termination but simply the operation
of the contract. Further, it is well settled proposition of law that
contractual employee has no legal right to continue in service or seek
permanency.
12. The Hon’ble Supreme Court in the case of Dhananjay Vs.
Chief Executive, Zila Parishad, Jalna : 2003(1) SCT 822 has held as
under: -
“4. It is not in dispute that the appellant was appointed
on a temporary basis; his services could be terminated
without notice and without assigning any reason within a
period of one year. In fact, his services were terminated
within a period of one year under Rule 5(1) of the Central
Civil Services (Temporary Service) Rules. The only
question that is required to be answered is: whether the
order of termination of services is simpliciter or is punitive
attaching stigma to the appellant. No doubt in the order of
suspension passed on July 1, 1987 keeping the appellant
under suspension, an enquiry was directed against the
appellant in regard to the alleged misconduct. But, no
enquiry was held pursuant to the said order, having regard
to the Government Order dated November 24, 1987 that
service of a temporary servant could be discharged within
CWP-14424-2007 (O&M) 10
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a period of one year without keeping him under suspension
and without holding an enquiry. Although initially the
enquiry was ordered, in view of this Government Order, the
respondent did not proceed to hold any enquiry. In the
criminal case filed against the appellant, he was acquitted.
5. Para 2 of the impugned order of termination of
services makes a mention of the fact that the appellant was
suspended. The learned counsel for the appellant, pointing
out this paragraph, submitted that it would cast stigma on
the appellant and it would adversely affect his prospects.
The High Court, in dismissing the writ petition, relied on
the decision of this Court in the case of Bihari Lal afore-
mentioned. Para 5 of the said judgment reads thus:
"5. It is true that the respondent was acquitted by the
criminal court but acquittal does not automatically
give him the right to be reinstated into the service. It
would still be open to the competent authority to
take decision whether the delinquent government
servant can be taken into service or disciplinary
action should be takenunder the Central Civil
Service (Classification, Control & Appeal) Rules or
under the Temporary Service Rules. Admittedly, the
respondent had been working as a temporary
government servant before he was kept under
suspension. The termination order indicated the
factum that he, by then, was under suspension. It is
only a way of describing him as being under
suspension when the order came to be passed but
that does not constitute any stigma. Mere acquittal
of government employee does not automatically
entitle the government servant to reinstatement. As
stated earlier, it would be open to the appropriate
competent authority to take a decision whether the
CWP-14424-2007 (O&M) 11
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enquiry into the conduct is required to be done
before directing reinstatement or appropriate action
should be taken as per law, if otherwise, available.
Since the respondent is only a temporary
government servant, the power being available
under Rule 5(1) of the Rules, it is always open to the
competent authority to invoke the said power and
terminate the services of the employee instead of
conducting the enquiry or to continue in service a
government servant accused of defalcation of public
money. Reinstatement would, be a charter for him to
indulge with impunity in misappropriation of public
money."
6. If we look to the paragraph extracted above, it
becomes clear that the facts of that case are almost similar
to the facts of the present case. Although a distinction was
sought to be made to contend that judgment has no
application to the facts of the present case, we are unable
to agree with the submission. Merely because the appellant
was kept under suspension, that, by itself, is not indicative
that the respondent had intended from the beginning to get
rid of the services of the appellant by holding an enquiry. It
is not the case of the appellant that inspite of the fact that
his services were needed, the order of termination of
services was passed. Even though the appellant was
acquitted in the criminal case launched against him on the
basis of the complaint made by the respondent, is also not
a factor to indicate that the respondent wanted to take
action against the appellant on his misconduct to remove
him from service.
7. In our view, having regard to the facts and
circumstances of the case, it is not possible to hold that the
order of termination of services was not simpliciter or the
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misconduct was the foundation for passing such order.
Even if an enquiry was ordered to find out or verify the
truth or otherwise and the allegation by itself does not
establish that the respondent had any such design to some-
how remove the appellant from services, in our view, the
High Court was right in dismissing the writ petition in the
light of the facts of the present case and the judgment of
this Court, referred to above.”
13. Further, the Hon’ble Supreme Court in Yogesh Mahajan
Vs. Professor R.C. Deka : 2018(1) S.C.T. 690 has held as under: -
“6. It is settled law that no contract employee has a right
to have his or her contract renewed from time to time. That
being so, we are in agreement with the Central
Administrative Tribunal and the High Court that the
petitioner was unable to show any statutory or other right
to have his contract extended beyond 30th June, 2010. At
best, the petitioner could claim that the concerned
authorities should consider extending his contract. We find
that in fact due consideration was given to this and in spite
of a favourable recommendation having been made, the All
India Institute of Medical Sciences did not find it
appropriate or necessary to continue with his services on a
contractual basis. We do not find any arbitrariness in the
view taken by the concerned authorities and therefore
reject this contention of the petitioner.
7. We are also in agreement with the view expressed by the
Central Administrative Tribunal and the High Court that
the petitioner is not entitled to the benefit of the decision of
this Court in Uma Devi. There is nothing on record to
indicate that the appointment of the petitioner on a
contractual basis or on an ad hoc basis was made in
accordance with any regular procedure or by following the
necessary rules. That being so, no right accrues in favour
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of the petitioner for regularisation of his services. The
decision in Uma Devi does not advance the case of the
petitioner.
8. Insofar as the final submission of the petitioner to the
effect that some persons were appointed as Technical
Assistant (ENT) in May 2016 is concerned, we are of the
view that the events of 2016 cannot relate back to the
events of 2010 when a decision was taken by the All India
Institute of Medical Sciences not to extend the contract of
the petitioner. The situation appears to have changed over
the last six years and the petitioner cannot take any
advantage of the changed situation. There is no material
on record to indicate what caused the change in
circumstances, and merely because there was a change in
circumstances, does not mean that the petitioner is entitled
to any benefit. On the other hand, it might have been more
appropriate for the petitioner to have participated in the
walk-in interview so that he could also be considered for
appointment as Technical Assistant (ENT), but he chose
not to do so.”
14. The Hon’ble Supreme Court in Indian Drugs &
Pharmaceuticals Limited Vs. Workmen, Indian Drugs &
Pharmaceuticals Limited : 2007(1) S.C.T. 214 has held that a daily
rated or casual worker is only a temporary employee and has no right to
continue in service. The operative part of the said judgment is
reproduced as under:-
“13. It may be mentioned that a daily rated or casual
worker is only a temporary employee, and it is well settled
that a temporary employee has no right to the post vide
State of Uttar Pradesh & Anr. v. Kaushal Kishore Shukla,
1991(1) SCT 760 (SC) : 1991(1) SCC 691. The term
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'temporary employee' is a general category which has
under it several sub-categories e.g. casual employee, daily
rated employee, ad hoc employee, etc.
14. The distinction between a temporary employee and a
permanent employee is well settled. Whereas a permanent
employee has a right to the post, a temporary employee
has no right to the post. It is only a permanent employee
who has a right to continue in service till the age of
superannuation (unless he is dismissed or removed after an
inquiry, or his service is terminated due to some other
valid reason earlier). As regards a temporary employee,
there is no age of superannuation because he has no right
to the post at all. Hence, it follows that no direction can be
passed in the case of any temporary employee that he
should be continued till the age of superannuation.”
15. Further reference may be made to the judgment of the
Hon’ble Supreme Court passed in Secretary, State of Karnataka and
others V. Umadevi and others, 2006(2) S.C.T. 462. The relevant portion
from the said judgment is as under:-
“34. ………..Merely because, an employee had continued
under cover of an order of Court, which we have described
as 'litigious employment' in the earlier part of the
judgment, he would not be entitled to any right to be
absorbed or made permanent in the service. In fact, in
such cases, the High Court may not be justified in issuing
interim directions, since, after all, if ultimately the
employee approaching it is found entitled to relief, it may
be possible for it to mould the relief in such a manner that
ultimately no prejudice will be caused to him, whereas an
interim direction to continue his employment would hold
up the regular procedure for selection or impose on the
State the burden of paying an employee who is really not
CWP-14424-2007 (O&M) 15
COCP-2290-2011 (O&M)
required. The courts must be careful in ensuring that they
do not interfere unduly with the economic arrangement of
its affairs by the State or its instrumentalities or lend
themselves the instruments to facilitate the bypassing of the
constitutional and statutory mandates.
35 to 37. XXXX XXXX XXXX
38. When a person enters a temporary employment or
gets engagement as a contractual or casual worker and the
engagement is not based on a proper selection as
recognized by the relevant rules or procedure, he is aware
of the consequences of the appointment being temporary,
casual or contractual in nature. Such a person cannot
invoke the theory of legitimate expectation for being
confirmed in the post when an appointment to the post
could be made only by following a proper procedure for
selection and in concerned cases, in consultation with the
Public Service Commission. Therefore, the theory of
legitimate expectation cannot be successfully advanced by
temporary, contractual or casual employees. It cannot also
be held that the State has held out any promise while
engaging these persons either to continue them where they
are or to make them permanent. The State cannot
constitutionally make such a promise. It is also obvious
that the theory cannot be invoked to seek a positive relief
of being made permanent in the post.”
16. The Hon’ble Supreme Court in Union of India and others
Vs. Ilmo Devi and others : 2021(4) SCT 312 has held that part-time
contingent employees cannot claim regularization as a matter of right,
nor can they seek parity in salary with regular government employees
based on the principle of equal pay for equal work. The relevant paras
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of the said judgment are as under :-
“xx xx xx xx xx
8.5 Even the regularization policy to regularize the
services of the employees working on temporary status
and/or casual labourers is a policy decision and in judicial
review the Court cannot issue Mandamus and/or issue
mandatory directions to do so. In the case of R.S. Bhonde
and Ors. (supra), it is observed and held by this Court that
the status of permanency cannot be granted when there is
no post. It is further observed that mere continuance every
year of seasonal work during the period when work was
available does not constitute a permanent status unless
there exists a post and regularization is done.
8.6 In the case of Daya Lal & Ors. (supra) in paragraph
12, it is observed and held as under:-
“12. We may at the outset refer to the following
well-settled principles relating to regularisation and
parity in pay, relevant in the context of these
appeals:
(i) The High Courts, in exercising power
under Article 226 of the Constitution will not
issue directions for regularisation, absorption
or permanent continuance, unless the
employees claiming regularisation had been
appointed in pursuance of a regular
recruitment in accordance with relevant rules
in an open competitive process, against
sanctioned vacant posts. The equality clause
contained in Articles 14 and 16 should be
scrupulously followed and Courts should not
issue a direction for regularisation of services
of an employee which would be violative of
the constitutional scheme. While something
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that is irregular for want of compliance with
one of the elements in the process of selection
which does not go to the root of the process,
can be regularised, back door entries,
appointments contrary to the constitutional
scheme and/or appointment of ineligible
candidates cannot be regularised.
(ii) Mere continuation of service by a
temporary or ad hoc or daily-wage employee,
under cover of some interim orders of the
court, would not confer upon him any right to
be absorbed into service, as such service
would be “litigious employment”. Even
temporary, ad hoc or daily-wage service for a
long number of years, let alone service for
one or two years, will not entitle such
employee to claim regularisation, if he is not
working against a sanctioned post. Sympathy
and sentiment cannot be grounds for passing
any order of regularisation in the absence of a
legal right.
(iii) Even where a scheme is formulated for
regularisation with a cut-off date (that is a
scheme providing that persons who had put in
a specified number of years of service and
continuing in employment as on the cut-off
date), it is not possible to others who were
appointed subsequent to the cut-off date, to
claim or contend that the scheme should be
applied to them by extending the cut-off date
or seek a direction for framing of fresh
schemes providing for successive cut-off
dates.
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(iv) Part-time employees are not entitled to
seek regularisation as they are not working
against any sanctioned posts. There cannot be
a direction for absorption, regularisation or
permanent continuance of part-time
temporary employees.
(v) Part-time temporary employees in
government-run institutions cannot claim
parity in salary with regular employees of the
Government on the principle of equal pay for
equal work. Nor can employees in private
employment, even if serving full time, seek
parity in salary with government employees.
The right to claim a particular salary against
the State must arise under a contract or under
a statute.
[See State of Karnataka v. Umadevi (3)
[(2006) 4 SCC 1], M. Raja v. CEERI
Educational Society [(2006) 12 SCC 636],
S.C. Chandra v. State of Jharkhand [(2007)
8 SCC 279], Kurukshetra Central Coop.
Bank Ltd. v. Mehar Chand [(2007) 15 SCC
680] and Official Liquidator v. Dayanand
[(2008) 10 SCC 1.].
8.7 Thus, as per the law laid down by this Court in the
aforesaid decisions part-time employees are not entitled to
seek regularization as they are not working against any
sanctioned post and there cannot be any permanent
continuance of part-time temporary employees as held.
Part-time temporary employees in a Government run
institution cannot claim parity in salary with regular
employees of the Government on the principle of equal pay
for equal work.
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8.8 Applying the law laid down by this court in the
aforesaid decisions, the directions issued by the High Court
in the impugned judgment and order, more particularly,
directions in paragraphs 22 and 23 are unsustainable and
beyond the power of the judicial review of the High Court
in exercise of the power under Article 226 of the
Constitution. Even otherwise, it is required to be noted that
in the present case, the Union of India/Department
subsequently came out with a regularization policy dated
30.06.2014, which is absolutely in consonance with the law
laid down by this Court in the case of Umadevi (supra),
which does not apply to the part-time workers who do not
work on the sanctioned post. As per the settled preposition
of law, the regularization can be only as per the
regularization policy declared by the State/Government
and nobody can claim the regularization as a matter of
right dehors the regularization policy. Therefore, in
absence of any sanctioned post and considering the fact
that the respondents were serving as a contingent paid
part-time Safai Karamcharies, even otherwise, they were
not entitled for the benefit of regularization under the
regularization policy dated 30.06.2014.”
17. Furthermore, the contractual appointment of the petitioners
was made not in conformity with Articles 14 & 16 of the Constitution of
India and there is no sanctioned post against which the claim of the
petitioners for regularization can be considered.
18. In view of the above, I do not find any merit in the instant
writ petition, especially when the petitioners were employed on
contractual basis.
19. Consequently, the present writ petition is dismissed.
CWP-14424-2007 (O&M) 20
COCP-2290-2011 (O&M)
20. Since the writ petition is dismissed, nothing survives in the
contempt petition and the same is disposed of accordingly.
21. Pending application(s), if any, also stand(s) disposed of
accordingly.
(NAMIT KUMAR)
13.07.2026 JUDGE
Kothiyal
Whether Speaking/reasoned Yes/No
Whether Reportable Yes/No
The recent ruling by the Punjab & Haryana High Court in CWP-14424-2007, concerning the regularization claims of contractual employees, stands as a critical precedent in Indian employment law. This significant judgment, now meticulously analyzed on CaseOn, reiterates fundamental principles governing temporary appointments versus permanent absorption.
The central question before the Punjab & Haryana High Court was whether contractual employees, initially appointed by one government entity and later transferred to another, could claim regularization of their services under a specific policy. This policy, rooted in the landmark Uma Devi judgment, was designed for daily wagers, work-charged, ad-hoc, or temporary employees. The petitioners sought to regularize their 15 years of continuous service as Chowkidars, despite being on a contractual basis and facing objections regarding policy applicability, service duration, and the existence of sanctioned posts.
The court’s decision was heavily informed by several authoritative pronouncements from the Hon'ble Supreme Court:
The case prominently references State of Karnataka and others Vs. Uma Devi and others: (2006) 4 SCC 1. This pivotal judgment strictly limited regularization to a one-time measure for employees who were irregularly (but not illegally) appointed against regular posts, had completed ten years of service, and whose appointments followed due procedure. It explicitly discouraged the regularization of backdoor entries and appointments not conforming to constitutional schemes.
The court cited Dhananjay Vs. Chief Executive, Zila Parishad, Jalna : 2003(1) SCT 822, emphasizing that contractual engagements inherently carry no promise of permanence. Such employment begins and ends by its terms, and its cessation is not a termination but a natural operation of the contract. Similarly, Yogesh Mahajan Vs. Professor R.C. Deka : 2018(1) S.C.T. 690 reinforced that contract employees have no inherent right to contract renewal, and the benefits of Uma Devi do not extend to those whose appointments did not follow regular procedures or rules. The ruling in Indian Drugs & Pharmaceuticals Limited Vs. Workmen, Indian Drugs & Pharmaceuticals Limited : 2007(1) S.C.T. 214 further clarified that temporary or casual workers have no right to the post or to permanent service.
The judgment also drew upon Union of India and others Vs. Ilmo Devi and others : 2021(4) SCT 312, which clarifies that High Courts, under Article 226, should not issue directions for regularization unless the employees were appointed through a regular, open competitive process against sanctioned vacant posts. It highlights that mere continuous service, even under court orders (termed 'litigious employment'), does not confer a right to absorption or regularization, especially if no sanctioned post exists or if the appointment contravenes constitutional mandates.
The petitioners, Devinder Kumar and another, were initially employed on a contract basis as Chowkidars by the Punjab Water Supply & Sewerage Board (respondent No.5) in the early 1990s. In 2000, they were transferred along with the tubewells they operated to the Municipal Council, Garhshankar (respondent No.4). They served until 2007 and sought regularization based on a Punjab Government policy dated 15.12.2006, which was framed in light of the Uma Devi judgment.
The petitioners argued that their continuous service, spanning approximately 15 years, coupled with a resolution passed by the Municipal Council to absorb them, should entitle them to regularization under the policy.
However, the respondents countered these claims:
For legal professionals seeking to quickly grasp the nuances of such detailed rulings, CaseOn.in's 2-minute audio briefs offer an invaluable resource, distilling complex judgments like CWP-14424-2007 into easily digestible summaries.
The High Court meticulously applied the established legal principles. It found that the petitioners' contractual employment offered no inherent right to permanence. More critically, the court observed that the 2006 regularization policy was specifically designed for *daily wagers, work-charged, and ad-hoc/temporary employees*, not for those engaged on a *contractual basis*. Even assuming their employment with the Municipal Council started in 2000, they failed to meet the ten-year service requirement by the policy's cut-off date of April 10, 2006, a condition stemming directly from the Uma Devi judgment. The absence of a sanctioned post for Chowkidar within the Municipal Council was another decisive factor, as regularization typically requires an existing, sanctioned position.
Based on the robust legal precedents and the specific facts of the case, the High Court concluded that the petitioners were not entitled to regularization of their services. Consequently, both the writ petition (CWP-14424-2007) and the connected contempt petition (COCP-2290-2011) were dismissed.
This judgment serves as a vital reminder of the strict parameters governing regularization in public employment. For lawyers, it underscores the importance of meticulously examining the nature of employment (contractual vs. daily wage/ad-hoc), the specific terms of regularization policies, and the indispensable requirement of sanctioned posts. It also highlights the continuing influence of the Uma Devi judgment and its subsequent clarifications on the limited scope for permanent absorption of temporary staff. Students of law, particularly those studying administrative law and labor law, will find this case crucial for understanding the distinction between various forms of temporary employment and the stringent conditions for their regularization, emphasizing the constitutional mandates of Articles 14 and 16 regarding public appointments.
All information provided in this article is for informational purposes only and does not constitute legal advice. While efforts have been made to ensure accuracy, readers should consult with a qualified legal professional for advice pertaining to their specific circumstances.
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