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IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH
DAVINDER SINGH AND ORS – Appellant
Versus
STATE OF HARYANA AND ORS – Respondent
JUDGMENT :
TRIBHUVAN DAHIYA, J.
The petition has been filed inter alia seeking a writ of certiorari quashing the speaking order dated 03.09.2024, Annexure P-9, whereby the petitioners’ prayer to frame a policy of regularisation has been rejected. Further, a writ of mandamus has been sought directing the respondents to regularise them in service on the posts of Assistant Professors in their respective Departments from the date of initial appointment on contract basis, with consequential benefits.
2.1. The petition has been filed with the averments that the petitioners fulfill the requisite qualifications for the post of Assistant Professor laid down by the University Grants Commission (UGC)/All India Council for Technical Education (AICTE).They were given contractual appointment as Teaching Associates on consolidated salary in various Departments of the respondent-University on the recommendations of ad hoc selection committee(s), pursuant to advertisement(s) inviting applications for ‘walk-in-interview’. The appointment letters were issued on different dates between 2010-2015, collectively appended to the petition as Annexure P-2, and they accordingly joined their respective Departmen
Since there are no sanctioned posts on which any of these petitioners were appointed as irregular appointments, no such directions are warranted.
Employers must clearly specify the nature of appointments in job advertisements; failure to do so leads to regularization of initially contractual positions when recruitment processes are followed.
Regularization of public employment requires adherence to established recruitment processes; negative equality cannot justify irregular appointments.
Temporary employees appointed via constitutional procedures are entitled to regularization, highlighting the need for compliance with recruitment mandates to ensure fairness and uphold employee right....
Regular appointments have to be made in accordance with the rules and by giving wide publicity, considering all eligible candidates.
The main legal point established in the judgment is that the petitioner's long service as a Trained Graduate Teacher against a substantive vacant post and the Government's decision to declare the non....
Public employment must comply with constitutional provisions, ensuring equal opportunity through open competition; mere temporary appointments do not automatically confer rights to regularization.
Long service on a contractual basis does not confer a legal right to regularization without a formal scheme in place, as established by Supreme Court precedents.
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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