“Working For Long Time, Cannot Be Replaced”: P&H HC Tells State To Regularise Posts Of Class III, Class IV Ad-Hoc Sessions Court Employees

The Punjab & Haryana High Court has said that Class III and Class IV ad-hoc employees working in the Sessions Court cannot be replaced and directed the authorities to take appropriate steps to regularise them.

Justice Harsimran Singh Sethi said, "It is directed that the petitioners should be allowed to continue in service till the work of the post in question exist subject to satisfactory work and conduct of the employees. Further, such employees including the petitioners will not be replaced by another set of employees on the same terms and conditions and they will be allowed to continue on the post on the terms and conditions as it exists today."

The Court further clarified that employees who are working under the direct control of the Session Division will continue under the said control and in case, the employees are working under the outsourcing policy, they will also be allowed to continue under the outsourcing policy irrespective of the contractor who is given the contract for the supply of the workforce.

It also directed the competent authorities to take appropriate decision qua the claim of the petitioners for regularization of their services.

"The said decision should be taken within a period of six months from the receipt of copy of this order by duly keeping in loop the Punjab and Haryana High Court being the supervisory authority of the Session Division where the petitioners are working as well as the respective competent authority in the State of Punjab and Haryana as the case may be," added the judge.

The Court was hearing a batch of petitions filed by class III and IV employees  recruited by the various Sessions Division on contractual basis.

The grievance raised by the petitioners was that their services were not being regularized despite the fact that they have sufficiently long service to their credit and as of now, they have become over age and cannot compete for any other Government job but the respondents without considering the said fact, have never entertained their claim for regularization.

Counsel appearing for Session Division, U.T. Chandigarh has appeared and has stated that there is a constraint keeping in view the non-availability of regular vacancies in the cadre in which the petitioners are working. 

As of now, there are no permanent posts available so as to regularize the services of the employees who are still working and the requisition has already been sent to the Union Government for creation of more posts and as and when the said request is accepted, appropriate action qua the claim of the petitioners qua regularization of their services will be taken, he added.

ASG Satya Pal Jain submitted that a request for creation of 48 posts of the ancillary staff in the Session Division, Chandigarh has been received and is pending consideration and as per the information received from the Ministry of Law and Justice, Government of India, dated 22.01.2025, the matter is still under active consideration.

After hearing the submissions, the Court considering that the proposal of creation of 48 ancillary posts is pending consideration with the Government of India, it said "that as the employees have been working for a sufficiently long time but still their future is not secured as of now and the same is dependent upon the creation of the posts and the matter is pending for the last about six to seven years, appropriate decision with regard to the creation of 48 ancillary posts be decided as expeditiously as possible but not later then four months from the date of receipt of copy of this order."

The judge further directed the U.T. Chandigarh as well as Punjab and Haryana High Court, Chandigarh to examine the requirement of more posts in case needed for smooth functioning of Court in Session Division U.T. Chandigarh and the said requirement should also be placed before the Union of India within a period of one month.

Justice Sethi highlighted that the employees have sufficiently long service to their credit and it is not the case of the respondents that such services are not needed or the requirement of the such posts does not exist.

With respect to the grievance qua equal pay or equal work, the Court granted liberty to them to approach the appropriate competent authority by filing appropriate representation and directed the authorities to decide the same in accordance with law in a time bound manner.

Title: Kumar Pal and others v. Union of India and others

Citation: 2025 LiveLaw (PH) 68

 Click here to read/download the order