As per case facts, petitioners, appointed as Assistant Professors on temporary basis after advertisement and interview in September 2012 against sanctioned posts, sought regularization and challenged a new advertisement for ...
108 IN THE HIGH COURT OF PUNJAB AND HARYANA
AT CHANDIGARH
****
CWP-26899-2025
Date of Decision: 06.11.2025
Nishi and Another
...Petitioners
Versus
Panjab University and Others
...Respondents
CORAM:- HON'BLE MR. JUSTICE JAGMOHAN BANSAL
Present:- Mr. Sarthak Gupta, Advocate
for the petitioners.
Mr. Subhash Ahuja, Advocate
for the respondent-University.
Mr. Aman Dhir, DAG, Punjab.
****
JAGMOHAN BANSAL, J. (ORAL)
1. The petitioners through instant petition under Articles
226/227 of the Constitution of India are seeking setting aside of
Advertisement No.1/2025 dated 12.04.2025 whereby post of Assistant
Professors have been advertised. They are further seeking direction to
respondents to regularize them.
2. Respondent No.1-Panjab University issued advertisement
No.9/2012 inviting applications for various posts of Assistant Professors
on temporary basis for its constituent colleges. Petitioners appeared for
interview and came to be selected. Petitioner No.1 was appointed as
Assistant Professor (Commerce) and No.2 as Assistant Professor
(Computer Science). They joined service in September’ 2012. The
respondent for the last 12 years is renewing contract of the petitioners.
CWP-26899-2025 -2-
The posts held by the petitioners are sanctioned posts and meant for
direct recruitment. The respondent has issued impugned advertisement
inviting applications for the posts of Assistant Professor. The advertised
posts include posts of petitioners. They are claiming that respondent No.1
has advertised posts by unlawfully bypassing Punjab Public Service
Commission. The respondent is bound to follow recruitment procedure
for constituent colleges as per Punjab Government Rules.
3. Learned counsel representing the petitioners submits that
petitioners were appointed against sanctioned post. They are working
since 2012. Their appointment was made against an advertisement. They
were subjected to interview. They are getting regular pay scale. There
may be some irregularity in their appointment, however, there was no
illegality in their appointment. They were concededly appointed on
temporary basis, however, their tenure was regularly extended. Their
remuneration was also increased. They deserve to be regularized. Their
claim is squarely covered by judgments of Hon’ble Supreme Court in
Jaggo Versus Union of India and Others, 2024 SCC Online SC 3826,
Shripal and Another Versus Nagar Nigam, Ghaziabad 2025 (4) SLR
467, State of Karnataka and Others Versus Umadevi and Others, 2006
AIR SC 1806 and State of Karnataka and Others Versus M.L. Kesari
and Others, 2010 AIR SC 2587 as well as judgment passed by Orissa
High Court in Sushant Kumar and Others Versus Central University of
Odisha, Koraput and Others, 2025 (2) ILR Cuttack 1256.
4. Per contra, learned counsel for the respondents submits that
petitioners were appointed on temporary basis. Their initial appointment
was for one academic session. As there were no regular appointments,
CWP-26899-2025 -3-
tenure of petitioners was extended from time to time. In view of order of
Supreme Court in Hargurpratap Singh Versus State of Punjab and
Others, 2007 (13) SCC 292 as well as order dated 02.08.2017 passed by
this Court in CWP No.2625 of 2017 titled as Monika Prabhakar Versus
Panjab University and Others, the petitioners were not substituted by
another set of temporary employees. The respondent extended their
tenure and every extension was for an academic session. They accepted
terms and conditions of the contract, thus, cannot claim regularization.
Act of respondent amounts to approbation and reprobation of contract
executed between the parties. Stand of respondent is covered by
judgments of Supreme Court in State of Rajasthan versus Daya Lal,
2011 (2) SCC 429, Bombay High Court in Sudhir and Others Versus
The State of Maharashtra and Others, 2025(2) BCR 754, Mohd. Shafi
Pandow Versus State of Jammu & Kashmir and Others, 2001(10) SCC
447, Dhananjay Malik and Others Versus State of Uttaranchal and
Others, 2008 AIR (SC) 1913, P. Chitharanja Menon and Others Versus
A. Balakrishnan and Others, 1977 AIR (SC) 1720, Umadevi (supra).
5. I have heard learned counsel for the parties and perused the
record with their able assistance.
6. The conceded position emerging from the record is that
petitioners are holding post of Assistant Professors since September’
2012. They were appointed against an advertisement. They were
subjected to interview and selected against sanctioned post lying vacant.
They are working since 2012 without any interruption. There is no stay in
their favour. The respondent has not framed any policy regarding
regularization of its employees. The petitioners are possessing
CWP-26899-2025 -4-
qualifications prescribed by University Grants Commission (UGC). They
are not involved in any criminal activity or misconduct. No departmental
inquiry is pending against them. There was no illegality in their
appointment.
7. Different High Courts as well as Hon’ble Supreme Court
prior to 2006 in many cases directed States/Union of India to regularize
part time/work charged/adhoc/contractual/daily wage employees. The
foundation of all the judgments was length of service. In 2006, a
Constitution Bench in Uma Devi (supra), adverted to the question of
regularization of temporary/part time/adhoc/daily wage employees. The
Apex Court deprecated practice of employing temporary/part time or
contractual employees though it held that in exigency, State can make
appointment on contract basis. The Court held that regularization of
contractual or part time employees would amount to legalisation of
backdoor entrants. The regularization of part time employees is violative
of Articles 14, 16 & 309 of the Constitution of India. The employees who
are working on daily wage cannot claim discrimination on the ground that
they have been paid less than regularly recruited employees. The High
Court should not ordinarily issue directions for absorption, regularization
or continuance unless the recruitment itself was made regularly and in
terms of the constitutional scheme. The High Court is not justified in
issuing interim orders in such cases. There is no fundamental or vested
right in those who have been employed on daily wages or temporary or
contract basis to claim that they have a right to be absorbed in service.
Merely because a temporary employee or a casual wage worker is
continued for a time beyond the term of his appointment, he would not be
CWP-26899-2025 -5-
entitled to be absorbed in regular service or made permanent, merely on
the strength of such continuance, if the original appointment was not
made by following a due process of selection as envisaged by the relevant
Rules. Merely because an employee had continued under cover of an
order of the Court, he would not be entitled to any right to be absorbed or
made permanent in the service. It would not be appropriate to jettison the
constitutional scheme of appointment and to take the view that a person
who has temporarily or casually got employed should be directed to be
continued permanently. By doing so, it will be creating another mode of
public appointment which is not permissible. If the contractual
employment is declared void on the ground that the parties were not
having equal bargaining power, it too would not enable the Court to grant
any relief to that employee. The claim acquired by him in the post on
which he is temporarily employed or the interest in that post cannot be
considered to be of such a magnitude so as to enable the giving up of the
procedure established for making regular appointments to available posts
in the services of the State.
8. A two Judge Bench of Apex Court in Union of India v. Ilmo
Devi, (2021) 20 SCC 290 considered question of regularization of part
time employees of Union of India. The Apex Court while setting aside
judgment of this Court has held that High Court in exercise of its writ
jurisdiction cannot ask State to regularize part time employees. The Court
has further held that part time employees cannot claim pay parity with
regular employees. The Court has noticed judgment of this Court in Para
3.4 and returned findings in Para 16-19 which are reproduced as below:
CWP-26899-2025 -6-
“3.4. By the impugned common judgment and
order [Union of India v. Ilmo Devi, 2015 SCC OnLine
P&H 5144], the High Court has disposed of the aforesaid
writ petitions with the following directions : (Ilmo Devi
case [Union of India v. Ilmo Devi, 2015 SCC OnLine P&H
5144] , SCC OnLine P&H paras 22-23)
“22. We, thus, direct the petitioner
authorities to revisit the whole issue in its right
perspective and complete the exercise to
reformulate their policy and take a decision to
sanction the posts in phased manner within a
specified time schedule. Let such a decision be
taken within a period of six months from the date of
receiving a certified copy of this order.
23. Till the exercise as directed above, is
undertaken, the respondents shall continue in
service with their current status but those of them
who have completed 20 years as part-time daily
wagers, shall be granted “minimum” basic pay of
Group “D” post(s) w.e.f. 1-4-2015 and/or the date
of completion of 20 years contractual service,
whichever is later.”
XXXX XXXX XXXX XXXX
16. Thus, as per the law laid down by this Court
in the aforesaid decisions part-time employees are not
entitled to seek regularisation 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.
17. 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 [Union of
India v. Ilmo Devi, 2015 SCC OnLine P&H 5144], more
particularly, directions in paras 22 and 23 are
CWP-26899-2025 -7-
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
regularisation policy dated 30-6-2014, which is absolutely
in consonance with the law laid down by this Court
in Umadevi (3) [State of Karnataka v. Umadevi (3), (2006)
4 SCC 1], 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 regularisation can be only as per
the regularisation policy declared by the
State/Government and nobody can claim the
regularisation as a matter of right dehors the
regularisation 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 regularisation under the regularisation
policy dated 30-6-2014.
18. Though, we are of the opinion that even the
direction contained in para 23 for granting minimum
basic pay of Group ‘D’ posts from a particular date to
those, who have completed 20 years of part-time daily
wage service also is unsustainable as the part-time
wagers, who are working for four to five hours a day and
cannot claim the parity with other Group ‘D’ posts.
However, in view of the order passed by this Court dated
22-7-2016 [Union of India v. Ilmo Devi, 2016 SCC OnLine
SC 1933] while issuing notice in the present appeals, we
are not quashing and setting aside the directions
contained in para 23 in the impugned judgment and order
[Union of India v. Ilmo Devi, 2015 SCC OnLine P&H
5144] so far as the respondents' employees are concerned.
19. In view of the above and for the reasons
stated above, both the appeals succeed. The impugned
judgment and order [Union of India v. Ilmo Devi, 2015
CWP-26899-2025 -8-
SCC OnLine P&H 5144] passed by the High Court and,
more particularly, the directions contained in paras 22
and 23 in the impugned judgment and order [Union of
India v. Ilmo Devi, 2015 SCC OnLine P&H 5144] are
hereby quashed and set aside. However, it is observed that
quashing and setting aside the directions issued in terms
of para 23 in the impugned judgment and order [Union of
India v. Ilmo Devi, 2015 SCC OnLine P&H 5144] shall
not affect the case of the respondents and they shall be
entitled to the reliefs as per para 23 of the impugned
judgment and order [Union of India v. Ilmo Devi, 2015
SCC OnLine P&H 5144] passed by the High Court.”
9. A two Judge bench of Supreme Court in Nihal Singh v. State
of Punjab, (2013) 14 SCC 65 had the occasion to consider question of
regularization of Special Police Officers (SPOs) appointed under Section
17 of Police Act, 1861. A Division Bench of this Court relying upon an
earlier judgment of this court dismissed petitions of 20 SPOs and matter
travelled up to Apex Court which turned down claim of the respondent-
State of Punjab that there are no sanctioned posts to absorb appellants
despite their service of decades. The Court held that State cannot take
undue advantage of judgment of Supreme Court in Uma Devi (supra).
The said judgment cannot become licence for exploitation by the State.
After availing services for decades, it is not justified on the part of the
State to take a defence that there are no sanctioned posts to absorb the
appellants.
10. In State of Karnataka Vs. M.L. Kesari, (2010) 9 SCC 247,
the Supreme Court noticed misuse by the State and its agencies, non-
compliance of order of the Apex Court and denying benefits to the
employees. The Court noticed that the object as such was two folds.
CWP-26899-2025 -9-
Firstly, those persons who had put in more than 10 years of services were
to be considered for regularization in view of the long service. Secondly,
it was to ensure that departments do not perpetuate the practice of
employing persons on daily wage, adhoc or casual basis. It was held that
persons who had worked for more than 10 years on 10.04.2006 were
entitled for regularization and necessary directions were issued in the said
case and those not entitled because of lack of educational qualifications
were to be regularized on a lower post.
11. Supreme Court recently in Jaggo (supra), noticing judgment
of Constitutional Bench in Uma Devi (supra) has held that no employee
can be kept temporary for an indefinite period. An employee has right to
be considered for regularization. The relevant extracts of the judgment
read as:
“ 10. Having given careful consideration to the
submissions advanced and the material on record, we find
that the appellants’ long and uninterrupted service, for
periods extending well beyond ten years, cannot be
brushed aside merely by labelling their initial
appointments as part-time or contractual. The essence of
their employment must be considered in the light of their
sustained contribution, the integral nature of their work,
and the fact that no evidence suggests their entry was
through any illegal or surreptitious route.
XXX XXX XXX XXX XXX
16. The appellants' consistent performance over
their long tenures further solidifies their claim for
regularization. At no point during their engagement did
the respondents raise any issues regarding their
competence or performance. On the contrary, their
services were extended repeatedly over the years, and
their remuneration, though minimal, was incrementally
CWP-26899-2025 -10-
increased which was an implicit acknowledgment of their
satisfactory performance. The respondents' belated plea of
alleged unsatisfactory service appears to be an
afterthought and lacks credibility.
XXX XXX XXX XXX XXX
19. It is evident from the foregoing that the
appellants' roles were not only essential but also
indistinguishable from those of regular employees. Their
sustained contributions over extended periods, coupled
with absence of any adverse record, warrant equitable
treatment and regularization of their services. Denial of
this benefit, followed by their arbitrary termination,
amounts to manifest injustice and must be rectified.
20. It is well established that the decision in Uma
Devi (supra) does not intend to penalize employees who
have rendered long years of service fulfilling ongoing and
necessary functions of the State or its instrumentalities.
The said judgment sought to prevent backdoor entries and
illegal appointments that circumvent constitutional
requirements. However, where appointments were not
illegal but possibly “irregular,” and where employees had
served continuously against the backdrop of sanctioned
functions for a considerable period, the need for a fair and
humane resolution becomes paramount. Prolonged,
continuous, and unblemished service performing tasks
inherently required on a regular basis can, over the time,
transform what was initially ad-hoc or temporary into a
scenario demanding fair regularization. In a recent
judgment of this Court in Vinod Kumar and
others v. Union of India and others (2024) 1 SCR 1230, it
was held that procedural formalities cannot be used to
deny regularization of service to an employee whose
appointment was termed “temporary” but has performed
the same duties as performed by the regular employee
over a considerable period in the capacity of the regular
employee. The relevant paras of this judgment have been
reproduced below:
CWP-26899-2025 -11-
“6. The application of the judgment in Uma
Devi (supra) by the High Court does not fit
squarely with the facts at hand, given the specific
circumstances under which the appellants were
employed and have continued their service. The
reliance on procedural formalities at the outset
cannot be used to perpetually deny substantive
rights that have accrued over a considerable period
through continuous service. Their promotion was
based on a specific notification for vacancies and a
subsequent circular, followed by a selection
process involving written tests and interviews,
which distinguishes their case from the
appointments through back door entry as discussed
in the case of Uma Devi (supra).
7. The judgment in the case Uma Devi
(supra) also distinguished between “irregular” and
“illegal” appointments underscoring the
importance of considering certain
appointments even if were not made strictly in
accordance with the prescribed Rules and
Procedure, cannot be said to have been made
illegally if they had followed the procedures of
regular appointments such as conduct of written
examinations or interviews as in the present
case…”
XXX XXX XXX XXX
22. The pervasive misuse of temporary employment
contracts, as exemplified in this case, reflects a broader
systemic issue that adversely affects workers' rights and
job security. In the private sector, the rise of the gig
economy has led to an increase in precarious employment
arrangements, often characterized by lack of benefits, job
security, and fair treatment. Such practices have been
criticized for exploiting workers and undermining labour
standards. Government institutions, entrusted with
upholding the principles of fairness and justice, bear an
CWP-26899-2025 -12-
even greater responsibility to avoid such exploitative
employment practices. When public sector entities engage
in misuse of temporary contracts, it not only mirrors the
detrimental trends observed in the gig economy but also
sets a concerning precedent that can erode public trust in
governmental operations.
XXXXX XXXXX XXXXX
25. It is a disconcerting reality that temporary
employees, particularly in government institutions, often
face multifaceted forms of exploitation. While the
foundational purpose of temporary contracts may have
been to address short-term or seasonal needs, they have
increasingly become a mechanism to evade long-term
obligations owed to employees. These practices manifest
in several ways:
• Misuse of “Temporary” Labels :
Employees engaged for work that is essential,
recurring, and integral to the functioning of an
institution are often labelled as “temporary” or
“contractual,” even when their roles mirror those
of regular employees. Such misclassification
deprives workers of the dignity, security, and
benefits that regular employees are entitled to,
despite performing identical tasks.
• Arbitrary Termination : Temporary
employees are frequently dismissed without cause
or notice, as seen in the present case. This practice
undermines the principles of natural justice and
subjects workers to a state of constant insecurity,
regardless of the quality or duration of their
service.
• Lack of Career Progression : Temporary
employees often find themselves excluded from
opportunities for skill development, promotions, or
incremental pay raises. They remain stagnant in
their roles, creating a systemic disparity between
CWP-26899-2025 -13-
them and their regular counterparts, despite their
contributions being equally significant.
• Using Outsourcing as a Shield : Institutions
increasingly resort to outsourcing roles performed
by temporary employees, effectively replacing one
set of exploited workers with another. This practice
not only perpetuates exploitation but also
demonstrates a deliberate effort to bypass the
obligation to offer regular employment.
• Denial of Basic Rights and Benefits :
Temporary employees are often denied fundamental
benefits such as pension, provident fund, health
insurance, and paid leave, even when their tenure
spans decades. This lack of social security subjects
them and their families to undue hardship,
especially in cases of illness, retirement, or
unforeseen circumstances.
26. While the judgment in Uma Devi (supra)
sought to curtail the practice of backdoor entries
and ensure appointments adhered to constitutional
principles, it is regrettable that its principles are
often misinterpreted or misapplied to deny
legitimate claims of long-serving employees. This
judgment aimed to distinguish between “illegal”
and “irregular” appointments. It categorically held
that employees in irregular appointments, who were
engaged in duly sanctioned posts and had served
continuously for more than ten years, should be
considered for regularization as a one-time
measure. However, the laudable intent of the
judgment is being subverted when institutions rely
on its dicta to indiscriminately reject the claims of
employees, even in cases where their appointments
are not illegal, but merely lack adherence to
procedural formalities. Government departments
often cite the judgment in Uma Devi (supra) to
argue that no vested right to regularization exists
CWP-26899-2025 -14-
for temporary employees, overlooking the
judgment's explicit acknowledgment of cases where
regularization is appropriate. This selective
application distorts the judgment's spirit and
purpose, effectively weaponizing it against
employees who have rendered indispensable
services over decades.”
12.
The Hon’ble Supreme Court in “Union of India Vs. K.
Velajagan And Ors.”, 2025 SCC OnLine SC 837 decided on 04.02.2025
has observed that decision in Uma Devi (supra) cannot be used as a
shield to justify exploitative engagements persisting for years without the
employer undertaking legitimate recruitment process to deny relief of
regularization.
13. The respondent has heavily placed reliance on State of
Rajasthan and others v. Daya Lal and others, (SC) 2011 (2) SCC 429.
Extracts of the judgments pointed out by learned counsel read as:
“8. 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) High Courts, in exercising power under
Article 226 of the Constitution will not issue
directions for regularization, 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 constitutional
scheme. While something that is irregular for want
of compliance with one of the elements in the
CWP-26899-2025 -15-
process of selection which does not go to the root of
the process, can be regularized, back door entries,
appointments contrary to the constitutional scheme
and/or appointment of ineligible candidates cannot
be regularized.
(ii) Mere continuation of service by an 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
regularization, if he is not working against a
sanctioned post. Sympathy and sentiment 8 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.
(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
CWP-26899-2025 -16-
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 : Secretary, State of Karnataka v. Uma Devi,
2006(2) S.C.T. 462 : 2006(4) SCC 1, M. Raja v.
CEERI Educational Society, Pilani, 2006(4) S.C.T.
777 : 2006(12) SCC 636, S.C. Chandra v. State of
Jharkhand, 2007(4) S.C.T. 76 : 2007(8) SCC
279, Kurukshetra Central Co-operative Bank Ltd v.
Mehar Chand, 2007 (15) SCC 680, and Official
Liquidator v. Dayanand, 2008(10) SCC 1.”
14. Odisha High Court in Sushant Kumar v. Central University of
Odisha, Koraput, (Orissa), 2025(2) ILR Cuttack 1256 noticing aforecited
judgments of Supreme Court has held:
“2.20. It is contended that in view of the
continuance of the petitioners for more than 7 years in
each of the cases and their continuance as against
sanctioned regular post, in view of the decisions as cited
(supra), petitioners are eligible and entitled to get the
benefit of absorption in their posts in the respective
departments. It is accordingly contended that appropriate
direction be issued to the University to absorb the
petitioners against regular post in different departments in
which petitioners are so continuing in terms of the order of
engagement issued under Annexure-1 series.
XXX XXX XXX XXX
7. Having heard learned counsel for the parties,
considering the submissions made and after going through
the materials available in the record, this Court finds that
pursuant to the notifications issued by the University at
different point of time vide Annexure-E series to the
counter affidavit so filed by the University, petitioners
were all engaged as Guest Faculty/Junior
Consultant/Lecturer on Contract vide different orders
issued under Annexure-1 series starting from 15.07.2015
CWP-26899-2025 -17-
to 05.06.2018.
XXX XXX XXX XXX
7.4. All the petitioners were engaged on temporary
basis as Lecturer on Contract pursuant to the selection
process initiated by the University vide Annexure-E series
to the counter affidavit. Taking into account the fact that
the petitioners were all engaged as Lecturer on contract
against sanctioned regular post in terms of the selection
process initiated under Annexure-E series and petitioners
since possess the required qualification to hold the post of
Asst. Professor on regular basis, placing reliance on the
decisions so cited (supra), this Court is of the view
that petitioners are eligible and entitled to get the benefit
of absorption in their respective posts in which they are
engaged vide orders issued under Annexure-1 series.
7.5. Therefore, this Court while disposing the Writ
Petition, directs the University to take steps for absorption
of the petitioners in their respective posts. This Court
directs the University to issue appropriate order in that
regard within a period of 2 (two) months from the date of
receipt of this order. Till such order of absorption is issued,
petitioners save and except petitioner No.6 be allowed to
continue as Lecturer on Contract in their respective
departments.”
15. Reading of afore-cited judgments leads to the conclusion that
Courts have rejected plea of regularization because claimants were not
recruited in accordance with procedure as contemplated by Article 14 and
16 of the Constitution of India. The Courts formed opinion that executive
has made appointment of these employees without following procedure
prescribed for regular appointment. On account of contractual/daily/ad
hoc appointment, meritorious candidates do not participate and mediocre
come forward. The executive in violation of procedure ensures backdoor
entry of favourite and less meritorious candidates. The regularization of
CWP-26899-2025 -18-
these backdoor entrants would encourage executive and jettison of rule of
law as well as mandate of Articles 14 and 16 of the Constitution. Unless
the appointment is in terms of the relevant rules and after a proper
competition among qualified persons, the same would not confer any
right on the appointee. The High Courts acting under Article 226 of the
Constitution should not ordinarily issue directions for absorption,
regularization, or permanent continuance unless the recruitment itself was
made regularly and in terms of the constitutional scheme. It would not be
appropriate to jettison the constitutional scheme of appointment and to
take the view that a person who has temporarily or casually got employed
should be directed to be continued permanently. By doing so, it will be
creating another mode of public appointment which is not permissible. A
total embargo on such casual or temporary employment is not possible,
given the exigencies of administration and if imposed, would only mean
that some people who at least get employment temporarily, contractually
or casually, would not be getting even that employment when securing of
such employment brings at least some succour to them.
16. The States/U.T. have made hay from the findings of the
Constitution Bench. They have started making appointment on
contract/ad-hoc/temporary/part time basis in every department including
education which is a character and nation building department. Many
teachers appointed on contract basis are getting miniscule salary even in
comparison to regularly appointed peons. The exchequer is siphoned off
for subsidies instead of appointing regular employees and paying regular
pay scale. The Supreme Court, in case of exigencies, had permitted to
make appointment on contract basis and did not permit States and its
CWP-26899-2025 -19-
agencies to make it a routine practice. The Court had emphasized to make
appointments in public employment after following procedure prescribed
for regular recruitment and in accordance with mandate of Articles 14 and
16 of the Constitution of India. Intention and imprimatur of the court was
to inhibit and discourage backdoor entry. The Court did not permit to
make contractual recruitment for infinity and pay minimum of pay scale.
The State being a model employer neither can exploit its citizen nor take
advantage of mass unemployment. It is expected to make recruitment in
accordance with prescribed procedure and on permanent basis. It cannot
keep hanging sword of termination.
17. The claim of the petitioners needs to be examined in the light
of aforesaid judgments. The petitioners are not backdoor entrants. Their
appointment was made after following procedure. There was
advertisement. The petitioners filed applications. They were subjected to
interview. In the advertisements, maximum age as well as qualification
was prescribed. No candidate was selected who was not possessing UGC
prescribed qualifications. The appointments were made against
sanctioned posts. They are uninterruptedly working with University since
2012.
18. The case of petitioners is squarely covered by recent
judgment of Hon’ble Supreme Court in Jaggo (supra). In view of said
judgment, reliance placed by respondents upon other judgments of
Supreme Court is misplaced. It is apt to notice that during the course of
hearing, despite being repeatedly asked, learned counsel for the
respondent could not point out any judgment where regularization was
denied in spite of appointment after following due procedure and against
CWP-26899-2025 -20-
sanctioned posts. All the cited judgment advert to the part time/adhoc or
contractual employees who were backdoor entrants. Facts of the instant
case are entirely different. The petitioners are not backdoor entrants and
they were appointed against sanctioned posts. The respondent in the teeth
of judgment of Supreme Court in Uma Devi (supra) in 2006 made
contractual appointments in 2012. Judgments cited by respondents
criticize irregular and backdoor entry. By placing reliance upon Uma
Devi (supra) and similar judgments, the respondents have raised self-
contradictory stand. On one hand, the respondent did not make regular
appointments in the teeth of Supreme Court judgments and on the other
hand despite following due appointment procedure has kept the
petitioners contractual for more than 12 years.
19. As per judgment of this Court as well as Supreme Court,
adhoc, temporary, part time, daily wage or contractual workers cannot be
regularize if their appointment was not made as per procedure prescribed
for regular appointments. The petitioners were appointed after following
due procedure. They are fully qualified. They are working with the
University since 2012 and that too without any protection of this Court or
any other Court. They were selected against sanctioned posts. Few
sanctioned posts may be filled up through impugned advertisement even
if petitioners are regularized.
20. In the wake of above discussion and findings, this Court is of
the considered opinion that the instant petition deserves to be allowed.
21. The respondents are hereby directed to regularize the
petitioners within six weeks from today. If no order of regularization is
passed within 6 weeks from today, they shall be deemed to be
CWP-26899-2025 -21-
regularized. They would be entitled to seniority and regular pay from the
expiry of aforesaid period.
22. The respondent would be free to fill other posts against
impugned advertisement. During the course of hearing, it was revealed
that there are other teachers who are working for more than 10 years as
contractual. The respondent, to avoid litigation, may consider claim of
other teachers in the light of instant judgment.
(JAGMOHAN BANSAL)
JUDGE
06.11.2025
Prince Chawla
Whether Speaking/reasoned Yes/No
Whether Reportable Yes/No
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