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HARYANA-HC allows separate cadre for contractual employees Says It Will Not Create Any Financial Burden On The State

July 11, 2018 06:56 AM


HC allows separate cadre for contractual employees
Says It Will Not Create Any Financial Burden On The State


In what may come as a huge respite to temporary and contractual employees serving for several years in Haryana, the Punjab and Haryana high court has allowed the state government to create a separate cadre to regularize their services.

“In order to remove the agony of employees, who are working on ad hoc/workcharged/part time for the last more than 20 to 25 years, the state government can consider creation of a diminishing cadre separately and regularize them immediately so that necessary benefits, after regularization, can be enjoyed by them,” ordered the HC.

The order has been released on Monday.

Justice Ritu Bahri passed these orders while referring to a Supreme Court (SC) judgment passed in 1972 in the case of Ram Lal Wadhwa and another versus State of Haryana and others. In that case, the apex court had held that rules creating two separate cadres for teachers were held not to be arbitrary or not violating the Articles 14 and 16 of the Constitution.

The matter had reached the HC in the wake of a petition filed by Purushotam Dass, a resident of Fatehabad district who was working as part-time class-IV employee with the Haryana education department since September 22, 1993. He was regularized from August 8, 2014 but some persons, junior to him were regularized from September 2003.

Considering the fact that his case remained pending for regularization for almost 18 years, benefit of Regularization Policy of 2003 was extended to the petitioner on August 8, 2014.

During the hearing of the case, additional advocate general Haryana, Lokesh Sinhal had informed the HC that regularization was done on the availability of sanctioned posts.

Hearing this, Justice Ritu Bahri ordered that the Haryana government can consider creating a diminishing cadre separately and regularize those employees who have to be given parity equally to the counterparts who were regularized on availability of regularized sanctioned posts.

“Creation of diminishing cadre will not create any financial burden on the state as it is bound to regularize their services on the ground of parity as per SC judgments,” the HC ordered.

HC was of the view that a separate cadre of such employees would help those employees who were eligible to be considered for regularization in Haryana as per 2003 or 2004 policies but are constrained to approach the court

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