Employees with irregular appointment but long-term service entitled to regularization

Punjab and Haryana High Court Upholds Regularization for Military Farm Employees. Court Directs Union of India to Implement Tribunal's Order, Providing Job Security to Long-Serving Employees

News Report:

In a landmark judgment, the Punjab and Haryana High Court has directed the Union of India to implement the Central Administrative Tribunal's order for the regularization of services of employees who have been serving in Military Farms for over three decades. The judgment, delivered by a Division Bench comprising Mr. Harsimran Singh Sethi and Mr. Vikas Suri, emphasizes the necessity of providing job security and pensionary benefits to long-serving employees.

The case stems from a series of writ petitions filed by the Union of India challenging an order dated March 12, 2025, by the Tribunal, which mandated compliance with its earlier order from February 18, 2019. The Tribunal had instructed the Union to regularize the services of employees, who have been working since 1988, against available vacancies without procedural formalities that were not applicable at the time of their appointment.

The High Court reprimanded the Union of India for rejecting the employees’ claims based on incorrect facts, noting that the government had manipulated information to deny regularization. The Court underscored that employees with more than a decade of service should be considered for regularization as per established legal precedents, including the Supreme Court's judgment in the Uma Devi case.

The judgment highlights the principles of fairness in employment, stating that arbitrary termination of employees who have served for decades violates the principles of a welfare state. The Court emphasized that the Union of India must adhere to settled legal principles to ensure job stability and pensionary benefits for these employees.

This decision is a significant victory for the respondent employees, who have been fighting for job security and recognition of their long-term service. The judgment reinforces the importance of humane and fair treatment in employment practices, especially within government entities.

Bottom Line:

Employees who have rendered more than 10 years of continuous service should be considered for regularization, even if their appointments were irregular but not illegal.

Union of India v. Sher Singh, (Punjab And Haryana)(DB) : Law Finder Doc id # 2767020