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2026 Supreme(Online)(P&H) 4653

IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH
Sandeep Moudgil, J
SURESH AND OTHERS – Appellant
Versus
STATE OF HARYANA AND OTHERS – Respondent
CWP-6518-2026 (O&M)



Advocates:
For the Appellants/Petitioners: Navnit Sharma, R.S.Dhull
For the Respondents: Mayuri Lakhanpal Kalia

The court ensured the protection of contractual employees' livelihoods by directing the State to reconsider their service security under the Haryana Contractual Employees (Security of Service) Act, 2024, and maintaining continuity of service until a reasoned decision is passed.

Headnote:The petition was filed under Articles 226/227 of the Constitution of India, invoking the Haryana Contractual Employees (Security of Service) Act, 2024. The petitioners, who have been working since 2019/2020, sought a writ of mandamus directing the respondents to continue their services on par with employees who completed five years of service. The court noted the State's undertaking to withdraw any relieving orders and reconsider the petitioners' cases independently. The primary issue was whether the petitioners are entitled to the security of service under the governing statutory framework. The court reasoned that since the State counsel undertook to withdraw the impugned relieving orders and conduct a fresh examination of the matter in accordance with the law, the petition no longer required adjudication on its merits. In view of above, the instant writ petition stands disposed of.

Table of Content
1. claim for security of service for contractual employees based on statutory parity. (Para 1 , 2)
2. state's undertaking to withdraw relieving orders and reconsider employment status. (Para 3 , 4)
3. protection of livelihood through continuity of service pending a reasoned administrative decision. (Para 5 , 6 , 7 , 8 , 9)

***

SANDEEP MOUDGIL, J (ORAL)

This writ petition has been filed under Articles 226/227 of the Constitution of India praying for issuance of an appropriate Writ, Order or direction, especially in the nature of Mandamus, directing the Respondents to continue the services of the petitioners at par with those employees who have completed 5 years in terms of the Haryana Contractual Employees (Security of Service) Act, 2024 as the petitioners are working since 2019/2020.

2. Learned counsel for the petitioners prays that present petition be disposed of in terms of judgment passed by this Court in CWP-7437-2025 titled as ‘ Renu and others vs. State of Haryana and others ’, decided on 24.12.2025 (Annexure P-14) wherein similar issue has been adjudicated.

3. Notice of motion.

4. Ms. Mayuri Lakhanpal Kalia, DAG, Haryana, having been served with an advance copy of petition, accepts notice on behalf of the respondent-State and undertakes that the impugned relieving order, if any, by which the services of the petitioners was dispensed with shall be withdrawn and they will be allowed to continue till a fresh decision is taken. It has further been stated that the State shall undertake a fresh consideration of the matter by examining the case of the petitioners independently and shall pass appropriate orders in accordance with law.

5. In the light of the assurance tendered by the learned State counsel, and the concurrence of learned counsel for the petitioners, this Court is persuaded that the present writ petition no longer requires adjudication on merits. The impugned relieving order, if any, is hereby set aside, and till a fresh decision is taken, the services of the petitioners shall not be dispensed with, and wherever the petitioners have not been permitted to rejoin duties, they shall be taken back forthwith so that their humble means of livelihood are not imperilled and the sustenance of their families are preserved.

6. In case the petitioners have not submitted any representation so far to the State Government or the concerned Head of the Department, the present writ petition shall be treated as representation, and the case shall be decided afresh after taking into account the pleas raised therein, in accordance with law.

7. The respondents shall, with due regard to the dignity of the petitioners and the governing statutory framework, reconsider the case, and pass reasoned orders strictly in accordance with law, in both its letter and spirit, within a period of four weeks from the date of receipt of a copy of this order.

8. Until such fresh orders are passed, the continuity of service of the petitioners shall remain undisturbed.

9. In view of above, the instant writ petition stands disposed of.

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