CWP-9224-202 IN THE HIGH COURT OF PUNJAB AND HARYANA 106 PRIYANKA AND ANOTHER STATE OF HARYANA AND OTHERS CORAM: HON'BLE MR. JUSTICE Present:- Ms. Shruti Jain Goyal for the petitioner M Haryana. TRIBHUVAN DAHIYA The mandamus directing the Haryana Contractual Employees (Security of Service) Act, 2024 short, ‘the 2024 (Security of Service) dated 09.04.2025 them on the official portal. 2. Learned were engaged as Legal Assistants on contractual basis, vide order dated 09.08.2019, issued by the Directorate of Secondary Education, Annexure P and have been continuously working since then. Al that they have been selected with effect from 19.08.2019, the date of their 2026 -1- IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH CWP Date of Decision: PRIYANKA AND ANOTHER Versus STATE OF HARYANA AND OTHERS CORAM: HON'BLE MR. JUSTICE TRIBHUVAN DAHIYA Ms. Shruti Jain Goyal, Advocate for the petitioners. Ms. Tanushree Gupta, Senior Deputy Advocate General, Haryana. TRIBHUVAN DAHIYA, J. (Oral) The petition has been filed, inter alia directing the respondents to consider t the Haryana Contractual Employees (Security of Service) Act, 2024 2024 Act’), as amended by the Haryana Contractual Employees (Security of Service) Act, 2025 (for short, ‘the 2025 09.04.2025, and extend the benefits available thereunder them on the official portal. Learned counsel for the petitioner were engaged as Legal Assistants on contractual basis, vide order dated issued by the Directorate of Secondary Education, Annexure P and have been continuously working since then. Al that they have been selected with effect from 19.08.2019, the date of their IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH CWP-9224-2026 Date of Decision: 18.04.2026 …Petitioner(s) …Respondent(s) TRIBHUVAN DAHIYA . Tanushree Gupta, Senior Deputy Advocate General, inter alia, seeking a writ of to consider the petitioners eligible under the Haryana Contractual Employees (Security of Service) Act, 2024 (for Haryana Contractual Employees (for short, ‘the 2025 Act’) vide notification available thereunder by registering counsel for the petitioners contended that the petitioners were engaged as Legal Assistants on contractual basis, vide order dated issued by the Directorate of Secondary Education, Annexure P-4, and have been continuously working since then. Although the order mentions that they have been selected with effect from 19.08.2019, the date of their . Tanushree Gupta, Senior Deputy Advocate General, a writ of under (for Haryana Contractual Employees notification by registering the petitioners were engaged as Legal Assistants on contractual basis, vide order dated 4, though the order mentions that they have been selected with effect from 19.08.2019, the date of their Aman Dua 2026.04.23 17:21 I attest to the accuracy and authenticity of this judicial document CWP-9224-202 engagement remains 09.08.2019 only as the order has been issued on that date. In terms of the 2024 Act, a contractual employee who is in service on the appointed date/15.08.2024 and has completed five years of service, is entitled to protection of tenure. In terms of Explanation 2 to Section 3 of the 2024 Act, as amended vide notification dated 09.04.2025, for calculating the number of years of engagement a least 240 days during a period of be determined by considering the date of an employee's engagement. Accordingly, even if the date of petitioners 19.08.2019, they meet the requirements as they have received remuneration for more than 240 days in every completed year of engagement. Despite fulfilling the requisite conditions under the Act they have not been registered on the portal of for registration is serious prejudice would be caused to them. 3. The respondents have filed an affidavit dated 09.04.2026 basis, learned State counsel contended that objection the petitioners 2024 Act, is that they have not completed five years of contractual service from the date of the Section 3 of the Act employee has to receive remuneration year to be deemed to have worked for the ent Rule 2(1)(d) of the Rules, 2025 (for short, ‘the the period of 365 days 2026 -2- engagement remains 09.08.2019 only as the order has been issued on that date. In terms of the 2024 Act, a contractual employee who is in service on the pointed date/15.08.2024 and has completed five years of service, is entitled to protection of tenure. In terms of Explanation 2 to Section 3 of the 2024 Act, as amended vide notification dated 09.04.2025, for calculating the number of years of engagement an employee must have received remuneration for at least 240 days during a period of one year of contractual service, be determined by considering the date of an employee's engagement. Accordingly, even if the date of petitioners 19.08.2019, they meet the requirements as they have received remuneration for more than 240 days in every completed year of engagement. Despite fulfilling the requisite conditions under the Act they have not been registered on the portal of the Haryana Kaushal Rozgar Nigam Limited, and the last date for registration is 15.04.2026. In case it is not done before the cut serious prejudice would be caused to them. The respondents have filed an affidavit dated 09.04.2026 , learned State counsel contended that objection the petitioners on the official portal for getting protection of tenure under the that they have not completed five years of contractual service from the date of their joining, i.e., 19.08.2019 of the Act, for calculating five years of engagement, a contractual has to receive remuneration for atleast 240 days in a contractual year to be deemed to have worked for the ent of the Haryana Contractual Employees (Security of Service) Rules, 2025 (for short, ‘the 2025 Rules’), in case of the period of 365 days begins from the date of engagement remains 09.08.2019 only as the order has been issued on that date. In terms of the 2024 Act, a contractual employee who is in service on the pointed date/15.08.2024 and has completed five years of service, is entitled to protection of tenure. In terms of Explanation 2 to Section 3 of the 2024 Act, as amended vide notification dated 09.04.2025, for calculating the number of n employee must have received remuneration for at one year of contractual service, which is to be determined by considering the date of an employee's engagement. Accordingly, even if the date of petitioners’ engagement is taken to be 19.08.2019, they meet the requirements as they have received remuneration for more than 240 days in every completed year of engagement. Despite fulfilling the requisite conditions under the Act they have not been registered Haryana Kaushal Rozgar Nigam Limited, and the last date 15.04.2026. In case it is not done before the cut-off date, a The respondents have filed an affidavit dated 09.04.2026. On that , learned State counsel contended that objection against registration of on the official portal for getting protection of tenure under the that they have not completed five years of contractual service 19.08.2019. In terms of Explanation 2 to , for calculating five years of engagement, a contractual for atleast 240 days in a contractual year to be deemed to have worked for the entire year. Further, in terms of Haryana Contractual Employees (Security of Service) in case of a contractual employee, date of first engagement/deployment engagement remains 09.08.2019 only as the order has been issued on that date. In terms of the 2024 Act, a contractual employee who is in service on the pointed date/15.08.2024 and has completed five years of service, is entitled to protection of tenure. In terms of Explanation 2 to Section 3 of the 2024 Act, as amended vide notification dated 09.04.2025, for calculating the number of n employee must have received remuneration for at which is to be determined by considering the date of an employee's engagement. taken to be 19.08.2019, they meet the requirements as they have received remuneration for more than 240 days in every completed year of engagement. Despite fulfilling the requisite conditions under the Act they have not been registered Haryana Kaushal Rozgar Nigam Limited, and the last date off date, a n that registration of on the official portal for getting protection of tenure under the that they have not completed five years of contractual service to , for calculating five years of engagement, a contractual for atleast 240 days in a contractual ire year. Further, in terms of Haryana Contractual Employees (Security of Service) contractual employee, first engagement/deployment Aman Dua 2026.04.23 17:21 I attest to the accuracy and authenticity of this judicial document CWP-9224-202 and includes every such period thereafter for which the remuneration has been received by the employee for atleast 240 days. Accordingly, both the conditions of completing contractual remuneration for atleast 240 days benefit. The petitioners joined service with effect from calculating five years of service therefro days. Accordingly, completed year of contractual service, they have, accordingly 4. Submission considered. 5. As per facts apparent on record, the petitioners were Legal Assistant dated 09.08.201 the 2024 Act on the ground that they have rendered 365 days of service in the first contractual year for more than 240 days in each contractual year of service. done, it is to be accepted in terms of the provisions of the Act as wel Rules that they have completed argument by learned counsel for the petitioners is that Rule 2(1)(d) 2025 Rules requires completion of 365 days only in the first year of contractual service, and thereafter for the remaining four years requirement will be met i days, since after receiving remuneration for 240 day to have worked for 2026 -3- every such period thereafter for which the remuneration has been by the employee for atleast 240 days. Accordingly, both the conditions of completing contractual service of 365 days remuneration for atleast 240 days in each year benefit. The petitioners joined service with effect from calculating five years of service therefrom it falls ordingly, despite having received remuneration completed year of contractual service, they are not accordingly, not been registered on the portal Submissions made by learned counsel for the parties have been As per facts apparent on record, the petitioners were Legal Assistant on contract basis with effect from 09.08.2019. They have claimed entitlement the 2024 Act on the ground that they have rendered 365 days of service in the first contractual year upto 18.08.2020, and have also for more than 240 days in each contractual year of service. done, it is to be accepted in terms of the provisions of the Act as wel y have completed the requisite five years period. Essentially, the argument by learned counsel for the petitioners is that Rule 2(1)(d) requires completion of 365 days only in the first year of contractual service, and thereafter for the remaining four years requirement will be met if the employee has been paid remuneration for 240 after receiving remuneration for 240 day to have worked for the whole year. every such period thereafter for which the remuneration has been by the employee for atleast 240 days. Accordingly, both the service of 365 days in a year and getting each year, have to be met for getting the benefit. The petitioners joined service with effect from 19.08.2019, and falls short of five years by a few having received remuneration for 240 days in each are not entitled to the benefit and not been registered on the portal for the purpose. made by learned counsel for the parties have been As per facts apparent on record, the petitioners were engaged as with effect from 19.08.2019, vide order . They have claimed entitlement to security of tenure under the 2024 Act on the ground that they have rendered 365 days of service in the , and have also received remuneration for more than 240 days in each contractual year of service. Once that has been done, it is to be accepted in terms of the provisions of the Act as well as the requisite five years period. Essentially, the argument by learned counsel for the petitioners is that Rule 2(1)(d) of the requires completion of 365 days only in the first year of contractual service, and thereafter for the remaining four years, the the employee has been paid remuneration for 240 after receiving remuneration for 240 days in a year, he is deemed every such period thereafter for which the remuneration has been by the employee for atleast 240 days. Accordingly, both the and getting for getting the , and few 240 days in each entitled to the benefit and made by learned counsel for the parties have been engaged as , vide order to security of tenure under the 2024 Act on the ground that they have rendered 365 days of service in the remuneration been as the requisite five years period. Essentially, the of the requires completion of 365 days only in the first year of the the employee has been paid remuneration for 240 deemed Aman Dua 2026.04.23 17:21 I attest to the accuracy and authenticity of this judicial document CWP-9224-202 5.1 A reference accordingly 2024 Act, which are as under: 2. 3. who. The relevant rule of the 2(1) 2026 -4- A reference accordingly is made which are as under: 2. In this Act, unless the context otherwise requires, (a) “appointed date” means the (b) and (c) xxx xxx xxx (d) “eligible contractual employee” means an employee engaged on contract, adhoc or outsource basis in the Government Organization on the appointed date; 3. The eligible contractual employees shall be an emp who.- (i) (a) has been engaged on contract by the Government Organization and is in the service of such Government Organization on the appointed date and receiving remuneration upto Rs.50,000 per month; or (b) xxx xxx xxx (ii) has completed at least five years service in the Government Organization on full time basis as on the appointed date. Explanation 1.- xxx xxx Explanation 2.- For the purpose number of years of engagement, a contractual employee who has received remuneration for at least 240 days a period of one year contractual service have worked for the entire year. relevant rule of the 2025 Rules reads as under: 2(1) In these rules, unless the context otherwise requires. (a) to (c) xxx xxx xxx (d) ‘year of contractual service’ means the period of 365 days beginning from the date of first engagement/deployment of the contractual employee as such and every such period thereafter for which the remuneration was received by him for atleast 240 days during this period. is made to the relevant provisions of the In this Act, unless the context otherwise requires,- “appointed date” means the 15th August, 2024; xxx “eligible contractual employee” means an employee engaged on contract, adhoc or outsource basis in the Government Organization on the appointed date; The eligible contractual employees shall be an employee has been engaged on contract by the Government Organization and is in the service of such Government Organization on the appointed date and receiving remuneration upto Rs.50,000 per month; or xxx at least five years service in the Government Organization on full time basis as on the xxx xxx For the purposes of calculation of the number of years of engagement, a contractual employee who has received remuneration for at least 240 days during a period of one year contractual service shall be deemed to have worked for the entire year. as under: In these rules, unless the context otherwise requires.- xxx ‘year of contractual service’ means the period of 365 days beginning from the date of first engagement/deployment of the contractual employee as such and every such period thereafter for which the remuneration was received by him for atleast 240 days provisions of the “eligible contractual employee” means an employee engaged on contract, adhoc or outsource basis in the loyee has been engaged on contract by the Government Organization and is in the service of such Government Organization on the appointed date and at least five years service in the Government Organization on full time basis as on the of calculation of the number of years of engagement, a contractual employee during shall be deemed to ‘year of contractual service’ means the period of 365 days beginning from the date of first engagement/deployment of the contractual employee as such and every such period thereafter for which the remuneration was received by him for atleast 240 days Aman Dua 2026.04.23 17:21 I attest to the accuracy and authenticity of this judicial document CWP-9224-202 A bare reading of these of security of tenure under the Act, an employee service on the appointed per month, and government organisation on to Section 3, if during an year of contractual service the entire year. However, contractual service and every such period thereafter for which remuneration atleast 240 days. The Rule unequivocally lays down two conditions based upon which an service; (i) completion of 365 days from the date of receiving remun Accordingly, h petitioners have not completed five years of contractual service on the appointed date situation, the issue arises for consideration 2025 Rules supplants the sub Explanation 2 of the 2024 Act, very purpose of this beneficial legislation. challenged the said Rule. under the 2024 Act and/or to registration o for the purpose. 2026 -5- eading of these provisions makes it apparent that of security of tenure under the Act, an employee service on the appointed date/15.08.2024 with a remuneration upto per month, and must have completed atleast five years of service in rganisation on full time basis on that date. to Section 3, if an employee has received remuneration year of contractual service, he shall be deemed to have worked for the entire year. However, Rule 2(1)(d) of the 2025 contractual service’ as a period of 365 days from the date of and every such period thereafter for which remuneration atleast 240 days. The Rule unequivocally lays down two conditions based an employee can be said to have completed one year contractual service; (i) completion of 365 days from the date of remuneration for atleast 240 days for every such contractual year. Accordingly, having been appointed with effect from petitioners have not completed five years of contractual service on the appointed date, despite receiving remuneration for 240 situation, the issue arises for consideration is, supplants the substantive provision of Section 3( Explanation 2 of the 2024 Act, and lays down very purpose of this beneficial legislation. challenged the said Rule. Resultantly, they cannot be under the 2024 Act and/or to registration on the official portal for the purpose. it apparent that to avail the benefit of security of tenure under the Act, an employee must be in contractual with a remuneration upto ₹50,000 atleast five years of service in a full time basis on that date. As per Explanation 2 remuneration for atleast 240 days , he shall be deemed to have worked for Rule 2(1)(d) of the 2025 Rules defines, an ‘year of a period of 365 days from the date of first engagement and every such period thereafter for which remuneration has been received for atleast 240 days. The Rule unequivocally lays down two conditions based employee can be said to have completed one year contractual service; (i) completion of 365 days from the date of first engagement, and (ii) eration for atleast 240 days for every such contractual year. aving been appointed with effect from 19.08.2019, the petitioners have not completed five years of contractual service on the , despite receiving remuneration for 240 days each year. In this is, whether Rule 2(1)(d) of the stantive provision of Section 3(ii) read with and lays down new conditions defeating the very purpose of this beneficial legislation. But the petitioners have not , they cannot be held entitled to benefits the official portal of the Nigam the benefit in contractual 50,000 a 2 240 days , he shall be deemed to have worked for year of engagement received for atleast 240 days. The Rule unequivocally lays down two conditions based employee can be said to have completed one year contractual engagement, and (ii) eration for atleast 240 days for every such contractual year. , the petitioners have not completed five years of contractual service on the . In this of the read with the the petitioners have not entitled to benefits Nigam Aman Dua 2026.04.23 17:21 I attest to the accuracy and authenticity of this judicial document CWP-9224-202 6. In this view of the matter, this Court is constrain petition. However, liberty is granted to the petitioners provisions of the 2025 Rules 18.04.2026 Ad 2026 -6- In this view of the matter, this Court is constrain petition. However, liberty is granted to the petitioners provisions of the 2025 Rules, if so advised. Whether speaking/reasoned Whether reportable In this view of the matter, this Court is constrained to dismiss the petition. However, liberty is granted to the petitioners to challenge the (TRIBHUVAN DAHIYA) JUDGE Yes/No Yes/No to dismiss the to challenge the ) Aman Dua 2026.04.23 17:21 I attest to the accuracy and authenticity of this judicial document