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IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH
SANDEEP MOUDGIL
Neetu Bansal – Appellant
Versus
Union Of India – Respondent
JUDGMENT :
SANDEEP MOUDGIL, J.
Prayer
1. The jurisdiction of this court has been invoked under Articles 226/227 seeking quashing of the impugned order dated 10.02.2026 (P/6), whereby the services of the petitioner were relieved in an arbitrary manner. With a further prayer to direct the respondents to decide the claim of the petitioner for regularization.
Brief Facts
2. The respondent–Institute, namely Indian Institute of Technology Ropar, issued Advertisement No. 02/2023 (P/1) inviting applications for, inter alia, two posts of Technical Officer against sanctioned unreserved vacancies, ostensibly on direct recruitment basis. Clause 16 of the advertisement provided that in the event a suitable candidate was not available, appointment could be offered on contract/deputation. The petitioner, being eligible, applied and participated in the selection process. Upon declaration of result on 08.11.2024, she was issued an offer of appointment dated 30.10.2024 (P/2) appointing her as Technical Officer on contractual basis for one year, subject to review for extension/regularization, which she accepted and joined.
3. Her contractual tenure was thereafter extended vide order dated 03.11.2025 (P/5)
Point of law: Service Law - Contractual employment - Regularization of Service - Having applied for appointment to various posts pursuant to a notification of 2019 and being unsuccessful (except one ....
Contractual employees may not claim regularization based on prolonged service or failed applications for higher posts, as employment must adhere to constitutional recruitment mandates.
Contractual employees cannot be replaced by another set of contract employees; they can only be replaced by regularly selected employees.
The court upheld the termination of a contractual employee as valid, emphasizing that rights are governed by the contract terms, and principles of natural justice do not apply in the same manner to c....
The court ruled that long-serving contractual employees cannot be denied regularization based solely on contractual labels, emphasizing fair treatment under constitutional principles.
The judgment establishes that long-term contractual employees may be entitled to regularization if their appointments were made through a proper selection process, ensuring compliance with constituti....
Selected candidates for regular posts cannot be arbitrarily appointed on contract; such appointments deemed regular from inception, fictional service breaks invalid, entitling continuity, re-engageme....
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