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Major relief to Punjab market committee employees as High Court quashes termination orders

Long-serving staff get relief as Justice Harpreet Singh Brar rules appointments irregular but not illegal; holds as invalid the delegation of powers to Mandi Board secretary

3 min readChandigarhUpdated: Feb 10, 2026 09:24 PM IST

The Mandi Board, however, annulled these citing inadequate advertisement, appointment of higher-qualified candidates for lower posts, and alleged violation of a 2011 Chief Minister’s meeting directive for transparent recruitment through C-DAC. (Source: Express Archives)

Granting major relief to dozens of Class III and IV employees of various market committees in Punjab, the Punjab and Haryana High Court has quashed the termination orders issued against them by the Punjab State Agricultural Marketing Board (Mandi Board).

A single-judge bench of Justice Harpreet Singh Brar, in a detailed verdict pronounced on February 9, disposed of a bunch of 18 connected writ petitions, holding that the appointments made in 2011, though suffering from procedural irregularities, were not illegal and could not be cancelled after 14 years of continuous service.

The lead petition filed by Sandeep Singh and others, challenged orders dated August 1, 2025, through which the secretary of the Mandi Board cancelled resolutions approving their appointments made in 2011 for posts such as auction recorder, clerk, peon, chowkidar and caretaker. Similar cancellations had been attempted earlier in 2012, but were set aside by the high court in 2019 with directions for a fresh hearing.

The employees had been appointed by the respective market committees following advertisements in 2011, merit lists based on academic qualifications, and approval resolutions. The Mandi Board, however, annulled these citing inadequate advertisement, appointment of higher-qualified candidates for lower posts, and alleged violation of a 2011 Chief Minister’s meeting directive for transparent recruitment through C-DAC.

Justice Brar quashed the 2025 cancellation orders and directed release of salary arrears and consequential benefits for periods actually worked, within six weeks.

Key reasoning of Justice Harpreet Singh Brar:

The delegation of the Mandi Board’s powers under Section 33(4) of the Punjab Agricultural Produce Markets Act, 1961, to its secretary via a 2002 government approval was invalid, as the original proposal lacked authorisation through a proper board resolution and appeared to be initiated unilaterally by the Secretary himself.
Reliance on the minutes of the March 30, 2011 meeting (chaired by the then CM ) was “wholly misconceived and unsustainable in law,” as these minutes carried no statutory force and could not override or amend the governing 1989 Service Rules.
The market committee is the competent appointing authority under the statutory rules for Class III and IV posts; minor procedural lapses, such as limited newspaper publication or absence of a written test (not mandated by rules), render appointments irregular at best, not illegal.
Appointments were made against sanctioned posts to qualified candidates with substantial compliance to rules; no evidence of fraud, misrepresentation or total disregard of statutory mandates was found.
After over 14 years of satisfactory service under interim court protection, terminating the employees would be “unjust, arbitrary and inequitable,” violating principles of fairness and proportionality, especially as they are now over-aged for alternative employment.
Public employment carries assurance of stability and security; unsettling experienced employees at this stage would deprive the state of their services, contrary to public interest.

The court clarified that its findings on invalid delegation is confined to these petitions and cannot reopen other unassailed orders passed under the same delegation. It also permitted the secretary, Agriculture Department, to examine individual cases only for lack of minimum qualifications or proven fraud, after due hearing.

Petitioners challenging the original appointments (in older connected cases) were denied direct relief but allowed to apply in future fresh recruitments. One specific petitioner seeking temporary service salary was directed to have his representation decided within six weeks.

Manraj Grewal Sharma

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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