Vanshika Bhalla
On January 23, 2025, the Punjab & Haryana High Court ruled that Class III and IV AD-HOC employees working in the Sessions Court cannot be arbitrarily replaced and directed authorities to take steps to regularise them in the case of Kumar Pal and Others v. Union of India and Others.
Single Bench of Justice Harsimran Singh Sethi stated, “Petitioners should be allowed to continue in service till the work of the post in question exists, subject to satisfactory work and conduct. They will not be replaced by another set of employees on the same terms and conditions.”
The Court clarified that employees under the direct control of the Session Division will continue under it, and those under outsourcing policies will remain irrespective of contractor changes. It directed authorities to decide on the regularisation of services within six months while keeping the Punjab and Haryana High Court in the loop.
The case involved petitions from contractual Class III and IV employees arguing that despite long service, they had not been regularised. Many had aged out of eligibility for government jobs, yet authorities ignored their concerns.
Counsel for the Session Division, U.T. Chandigarh, cited a lack of vacancies but mentioned a requisition for new posts had been sent to the Union Government. ASG Satya Pal Jain informed that a request for 48 ancillary staff positions was under consideration by the Ministry of Law and Justice as of January 22, 2025.
Observing the prolonged delay, the Court stressed, “Appropriate decision regarding the 48 ancillary posts should be made as soon as possible, but no later than four months from the receipt of this order.” Additionally, the Punjab & Haryana High Court and U.T. Chandigarh were directed to assess the need for more posts and submit requirements to the Union Government within a month.
Justice Sethi highlighted that the employees’ long service indicated the necessity of their roles. Regarding demands for equal pay for equal work, the Court allowed employees to submit a representation to the competent authority and directed timely resolution.
Case Name: Kumar Pal and Others v. Union of India
Case Number: CWP-8912-2016
Bench: Justice Harsimran Singh Sethi