Court Rules Against Perpetual Contractual Employment, Directs State to Regularize Health Mission Workers Serving Over a Decade
In a landmark judgment, the Punjab and Haryana High Court has directed the State of Haryana to regularize the services of employees engaged under the National Health Mission (NHM) who have been serving for more than ten years. The decision was rendered by Justice Sandeep Moudgil, in response to a series of petitions filed by Neeraj Rani and others, who have been working under contractual terms despite performing integral and continuous roles in the public health system.
The court emphasized the doctrine of legitimate expectation, highlighting that prolonged service in essential public functions creates a legitimate expectation for regularization. Justice Moudgil criticized the State's practice of retaining employees under contractual terms for extensive periods, describing it as exploitative and contrary to the principles of fairness enshrined in the Constitution.
The judgment underscored that public employment under the NHM, which aims to bolster public health delivery, particularly in rural and underserved areas, cannot be treated as a temporary engagement. The court rejected the State's defense of fiscal constraints and the absence of sanctioned posts, asserting that constitutional obligations cannot be sidestepped by budgetary limitations.
The court directed the State to regularize the services of eligible petitioners within eight weeks, marking a significant victory for the petitioners who have been seeking stability in their employment terms. This decision sets a precedent for similar cases, reinforcing the expectation that the State, as a model employer, must ensure fair and equitable treatment of its employees.
Bottom line:-
Public employment - Employees engaged under a scheme for over a decade cannot be denied regularization on the ground of contractual engagement when their roles are integral and continuous to the functioning of the State's public health obligations.
Statutory provision(s): Articles 14, 16, and 21 of the Constitution of India, National Health Mission guidelines.
Neeraj Rani v. State of Haryana, (Punjab And Haryana) : Law Finder Doc id # 2907156
