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HC orders regularisation of Haryana power staff

Justice Brar slams 30 years of ‘tendentious exploitation’, sets seven-point plan to enforce compliance

punjab and haryana hche court called this excuse “untenable” and relied on Supreme Court rulings that bar governments from using administrative constraints to deny regularisation. (File Photo)

In a significant judgment, the Punjab and Haryana High Court has ordered Haryana’s power corporations to regularise the services of long-serving temporary employees within six weeks, warning that failure to do so would invite contempt proceedings. The court said the workers, some serving since 1995, had been “forced to litigate nine times” over three decades despite earlier rulings in their favour.

Justice Harpreet Singh Brar quashed the rejection of their claims and ruled that if no order is passed within six weeks, the petitioners will be “deemed regularised” with full benefits, seniority, and arrears on par with a colleague, Vir Bahadur, who was regularised last year.

“The State, being a constitutional employer, cannot be allowed to exploit its temporary employees under the garb of lack of sanctioned posts or inability of the employees to meet educational qualifications for regular posts, when they have been consistently serving its instrumentality for a significant time,” the court said.

The petitioners, appointed on ad hoc and temporary basis since 1995, argued that despite a 2005 High Court order and a March 2025 directive to reconsider their case, their claims were rejected in May 2025 citing non-availability of posts. The court called this excuse “untenable” and relied on Supreme Court rulings that bar governments from using administrative constraints to deny regularisation.

Justice Brar condemned the “trend of prolonged ad hocism” in Punjab and Haryana, observing that policies are often framed to bypass court orders. “Extended ad-hocism of keeping daily wage workers or contractual employees on temporary rolls for decades while extracting regular work is not only unconstitutional but undermines equality and dignity,” the judgment stated.

Quoting a recent Supreme Court decision in Dharam Singh vs State of UP (2025), the judge said:

“The State is not a mere market participant but a constitutional employer. It cannot balance budgets on the backs of those who perform the most basic and recurring public functions.”

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Calling out “habitual administrative negligence, indifference, and deliberate delay,” the court said such practices “erode public trust in justice.” To ensure compliance and accountability, Justice Brar issued seven directives for all state instrumentalities:

# Time-bound compliance: All court directions on service matters must be implemented within the stipulated time frame.
# Accountability mechanism: Nodal officers should be appointed in each department to monitor execution of judicial orders.
# Periodic reporting: Departments must file status reports before the court in cases where compliance exceeds two months.
# Digital transparency tools: An online portal should track implementation of court orders and allow employees to monitor progress. Service records should be digitised to reduce procedural delays.
# Pre-litigation grievance redressal: Internal mechanisms should allow employees to resolve issues without repeated litigation, especially when matters are already settled in law.
# Training and awareness: Regular capacity-building for officers on the constitutional importance of enforcing court orders and consequences of default.
# Performance appraisals: Compliance with judicial directives should be factored into annual evaluations of administrative officers.

The court stressed that these measures are essential to break a cycle where employees face “mental anguish and financial uncertainty” due to endless file movement and repeated court battles. It warned that continued defiance of court orders would lead to contempt action under Article 215 of the Constitution.

Manraj Grewal Sharma is a senior journalist and the Resident Editor of The Indian Express in Chandigarh, where she leads the newspaper’s coverage of north India’s most politically and institutionally significant regions. From Punjab and Haryana to Himachal Pradesh and the Union Territory of Chandigarh, she oversees reporting at the intersection of governance, law, politics and society. She also reports on the diaspora, especially in Canada and the US. With a career spanning journalism across several countries, academia and international development, Manraj brings a rare depth of perspective to regional reporting. She is widely regarded as a leading chronicler of Punjab’s contemporary history and socio-political evolution, particularly its long shadow of militancy, federal tensions and identity politics. Her book, Dreams after Darkness, remains a definitive account of the militancy years and their enduring aftermath. Professional Background & Expertise A gold medalist in mass communication and a post-graduate in English literature, Manraj has a multifaceted career spanning journalism, academia, and international development. She was also awarded a fellowship by National Foundation of India and did several in-depth pieces on Manipur. Internationally, she has reported from Israel, US, UK, Myanmar, and Mauritius Her key focus areas include: Regional Politics, History, Agriculture, Diaspora, and Security. Of late, she has started focusing on Legal & Judicial Affairs: Much of her recent work involves reporting on high-stakes cases in the Punjab and Haryana High Court, ranging from environmental policy to civil rights. International Consulting: She previously served as a consulting editor for the Asia Pacific Adaptation Network and a publishing consultant for the Asian Development Bank (ADB) in Manila. Academia: For five years, she was the managing editor of Gender, Technology and Development, a peer-reviewed international journal at the Asian Institute of Technology, Bangkok. Recent Notable Articles (Late 2025) Her recent reportage focuses heavily on judicial interventions and regional governance: 1. Environment & Governance "‘NGT can’t test legality of policy’: HC hears challenge to Punjab’s ‘Green Habitat’ plan" (Dec 22, 2025): Covering a critical legal battle over whether the National Green Tribunal has the authority to strike down a state policy regularizing farmhouses on delisted forest land. "High court pulls up Punjab poll panel over audio clip probe" (Dec 10, 2025): Reporting on judicial concerns regarding the transparency and fairness of local body elections. 2. Legal Rights & Social Welfare "HC issues notice to Punjab, Haryana over delay in building old age homes" (Dec 22, 2025): Reporting on a contempt petition against top officials for failing to establish government-run homes for the elderly as promised in 2019. "Victims can appeal acquittals in sessions court without seeking special leave" (Dec 19, 2025): Highlighting a significant procedural shift in criminal law following a Supreme Court ruling. "HC upholds benefits for Punjab FCI officer acquitted in 20-year-old bribery case" (Dec 19, 2025): A report on the concept of "honourable acquittal" and its impact on employee benefits. 3. Human Rights & Identity "As Punjab denies parole to MP Amritpal Singh, HC asks it to submit ‘foundational material’" (Dec 1, 2025): Covering the legal proceedings regarding the radical preacher and sitting MP's request to attend Parliament. "Protecting life paramount: HC backs Muslim woman in live-in after verbal divorce" (Nov 6, 2025): Analyzing judicial protections for personal liberty in the context of traditional practices. Signature Beats Manraj is recognized for her ability to decode complex judicial rulings and relate them to the everyday lives of citizens. Whether it is a 30-year-old land battle in Fazilka or the political implications of Kangana Ranaut’s candidacy in Mandi, her writing provides deep historical and regional context. Contact @grewal_sharma on X manrajgrewalsharma on Instagram ... Read More

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