CWP-20273-2026 (O&M) 1 of 11 IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH 109 CWP-20273-2026 (O&M) Date of decision: 08.07.2026 Sumer ...Petitioner(s) Vs. State of Haryana and others ...Respondent(s) CORAM: HON’BLE MS. JUSTICE NIDHI GUPTA Present:- Mr. Sandeep Thakan, Advocate for the petitioner. Ms. Ruchi Sekhri, Addl.A.G., Haryana. *** NIDHI GUPTA, J. Present Civil Writ Petition under Article 226/227 of the Constitution of India has been filed by the petitioner for issuance of a writ in the nature of Certiorari to quash the Impugned letter dated 04.02.2025 (Annexure P-4) and Impugned order dated 10.06.2026 (Annexure P-7) vide which the Petitioner was relieved/terminated by passing the non-speaking order and directing the respondents to consider the case of the petitioner’s appointment under The Haryana Contractual Employees (Security of Service) Act, 2024, as he is fulfilling all the conditions of completing five years of service. 2. It is inter alia submitted by learned counsel for the petitioner that petitioner was appointed as a Beldar on contract basis vide order dated 01.10.2019. Subsequently services of the petitioner were converted/ported under the Haryana Kaushal Rozgar Nigam Ltd. DIVYANSHI 2026.07.10 17:35 I attest to the accuracy and integrity of this document CWP-20273-2026 (O&M) 2 of 11 (hereinafter referred to as “HKRNL”). The petitioner has been working continuously and to the complete satisfaction of the respondents. However, vide the impugned order dated 04.02.2025 (Annexure P-4), petitioner was relieved from service. 3. It is submitted that vide Notification dated 06.12.2024 (Annexure P-3) promulgating the Haryana Contractual Employees (Security of Services) Act, 2024 (hereinafter referred to as the “Act, 2024”), services of persons having more than 5 years of service such as the petitioner are liable to be protected. As such, as the petitioner was appointed as a Beldar in October 2019 through outsourcing policy and later services of the petitioner were converted under the HKRNL and the petitioner worked continuously till the date of his relieving i.e. till 04.02.2025 without any single day break, thus, relieving of the petitioner w.e.f. 01.02.2025 is without reason. 4. Accordingly, petitioner along with several others, had previously filed CWP-30931-2025 titled as Sumer vs. State of Haryana and others, challenging the said relieving order dated 04.02.2025. The said CWP-30931-2025 was disposed of by this Court vide order dated 24.12.2025 (Annexure P-6) setting aside the relieving orders and directing the respondents to take a fresh decision in the matter by examining the case of each petitioner independently and pass appropriate orders in accordance with law. Learned counsel submits that it is thereafter, that the impugned order dated 10.06.2026 (Annexure P- 7) has been passed. DIVYANSHI 2026.07.10 17:35 I attest to the accuracy and integrity of this document CWP-20273-2026 (O&M) 3 of 11 5. Learned counsel argues that petitioner is fulfilling all the requirements and conditions as mandated under the Act, 2024. Thus, the impugned action is inequitable, arbitrary and discriminatory; as, once the petitioner has completed period of 5 years of service as stipulated under the Act, 2024, the petitioner is eligible for protection under the Act. However, the same has not been considered. It is accordingly prayed that the present Writ Petition be allowed; and following prayer be accepted: - “for the issuance a writ in the nature of Certiorari to quash the Impugned letter dated 04.02.2025 (Annexure P-4) and Impugned order dated 10.06.2026 (Annexure P-7) vide which the Petitioner was relived/terminated by passing the non- speaking order and directing the respondents consider the case of the petitioners appointment under The Haryana Contractual Employees (Security of Service) Act, 2024, as he fulfilling all the conditions of completing five years of service.” 6. Per contra, learned counsel for the respondent-State opposes submissions advanced on behalf of the petitioner and submits that impugned order dated 10.06.2026 is a speaking order and gives cogent reasons as to why contractual services of the petitioner are no longer required. Moreover, the impugned order has been passed in terms of Instructions dated 27.12.2024 and 15.01.2025. However, the same have not been challenged by the petitioner. It is accordingly prayed that the present Writ Petition be dismissed being without merit. DIVYANSHI 2026.07.10 17:35 I attest to the accuracy and integrity of this document CWP-20273-2026 (O&M) 4 of 11 7. No other argument is raised by ld. counsel for the parties. I have heard learned counsel and perused the case file in great detail. I find merit in the submissions advanced on behalf of respondent-State. 8. It is the case of the petitioner that he was initially appointed as Beldar on contractual basis on 01.10.2019; whereafter services of the petitioner were converted under the HKRNL. Petitioner has claimed protection under the Act, 2024 which is available for contractual employees, who have rendered 5 years of service. It is the contention of the petitioner that as he was appointed on 01.10.2019; therefore, as of November 2024, and on the date of relieving i.e. 04.02.2025 petitioner had completed 5 years’ service; and, therefore, under the Act, 2024, he could not have been relieved. 9. Although the said submission of the petitioner appears to be correct in the first instance, however, the same is misconceived. Section 3 of the Act reads as under: – “3. The eligible contractual employee shall be an employee 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) is deployed by the Haryana Kaushal Rozgar Nigam under the Deployment of Contractual Persons Policy, 2022 and is in the service of a Government Organization on the appointed date; DIVYANSHI 2026.07.10 17:35 I attest to the accuracy and integrity of this document CWP-20273-2026 (O&M) 5 of 11 (ii) has completed at least five years service in the Government Organization on full time basis as on the appointed date. Explanation 1.- The period of service shall be considered as the period for which remuneration was made, directly or indirectly, by the Government Organization to the eligible contractual employee and shall include the period of any leave approved by the competent authority. Explanation 2. For the purposes of calculation of the number of years of engagement, a contractual employee who has received remuneration for at least 240 days in a calendar year shall be deemed to have worked for the entire year, but shall not include an employee who,- (i) has been engaged under Centrally Sponsored Schemes paid in part or full by the Central Government; or (ii) has been engaged on honorarium basis; or (iii) has been paid remuneration for service rendered on a part time basis by the Government Organization; or (iv) has attained the age of fifty-eight years on the appointed date; or (v) has been terminated or removed by the appropriate authority on or before the date of commencement of this Act.” Section 2(a) of the said Act defines ‘appointed date’ as follows: “(a) “appointed date” means the 15th August, 2024;” 10. A conjoint reading of the above said S.3(ii) and S.2(a) shows that in order to be eligible for protection under the Act, 2024, petitioner ought to have been appointed before the cut off date i.e. 15.08.2019; DIVYANSHI 2026.07.10 17:35 I attest to the accuracy and integrity of this document CWP-20273-2026 (O&M) 6 of 11 whereas as per his own case, petitioner was appointed only on 01.10.2019. As such, petitioner is not eligible under the Act, and no error can be found in the impugned orders. 11. It further needs to be clarified that after the promulgation of the 2024 Act; the issue arose as to how and in what manner are the newly selected employees which have been appointed through the Haryana Staff Selection Commission (for short ‘HSSC’), are to be accommodated against the posts which are already occupied by the contractual employees. Pursuant to the Advertisement no. 1/2023, HSSC had conducted recruitment for Group D posts; and posting orders were issued on 24.12.2024 in respect of selected candidates. Several departments of the respondent-State had raised objections on the ground that contractual employees were already occupying the said posts, and no vacancies were available. 12. It in this background when faced with this peculiar situation, that the Government of Haryana issued Instructions dated 27.12.2024 to resolve the above situation and to ensure joining of newly selected regular employees, while simultaneously protecting contractual employees covered under the 2024 Act. Vide the said Instructions dated 27.12.2024, it is directed that: – Regular HSSC Candidates: All newly selected employees were to be permitted to join. Department was not authorized to deny the joining merely on the ground that contractual employees are already working. DIVYANSHI 2026.07.10 17:35 I attest to the accuracy and integrity of this document CWP-20273-2026 (O&M) 7 of 11 Contractual employees (Protected): Those employees who had rendered five years of Service up to cut-off date were not to be removed. Their cases were to be adjusted; employees engaged before cut-off date of 15.08.2019 will not be relieved. HKRNL Employees: Surplus employees who could not be adjusted were directed to be relieved. First in First Out (FIFO): The said Circular further prescribed that amongst the unprotected HKRNL/Haryana Kaushal Rozgar Nigam Ltd., the employee having longest length of engagement would be relieved first. 13. Subsequently, certain Departments continued refusing joining to regularly selected candidates, citing non-availability of vacancies and sanctioned posts. 14. Consequentially, a further clarificatory Circular dated 15.01.2025 was issued directing that: - Joining cannot be denied: Department cannot refuse joining to selected candidates merely because contractual employees are working. Vacancies verified: Posting orders are issued after considering vacancy data available on designated portal. Thus, Department cannot claim non-availability of vacancy. 15. All the aforesaid facts also find mention in the impugned order dated 10.06.2026 (Annexure P-7) thereby giving cogent reasons as to why services of the petitioner are no longer required, as under: - DIVYANSHI 2026.07.10 17:35 I attest to the accuracy and integrity of this document CWP-20273-2026 (O&M) 8 of 11 “The Chief Secretary to Government Haryana, Human Resources Department Vide Memo No. 01/39/2023-2CC-1 dated 27.12.2024 and Memo No. 01/39/2023-2CC-1 dated 15.01.2025 has issued detailed Instructions regarding adjustment of newly recruited Group-D/Common Cadre employees and retention of eligible contractual employees. The relevant provisions inter alia provide that:-  Newly recruited regular Group-D/Common Cadre employees are to be adjusted against sanctioned posts.  Contractual employees engaged prior to 15.08.2019 and covered under the Haryana Contractual Employees (Security of Service) Act, 2024 are to be protected.  In case of non-availability of vacant sanctioned posts after such adjustment, HKRNL/contractual employees not covered under the said Act are liable to be relieved as per policy, applying "First In First Out" principle wherever applicable. In compliance with principles of natural justice, the petitioners was/were given an opportunity of hearing and to submit representation. The petitioner submitted representation dated 11/02/2026 into stating that he has been working continuously, possesses the requisite qualifications, has rented satisfactory service and maybe allowed to continue. The said representation has been duly considered along with the complete service record. Factual Position Regarding Sanctioned Posts After adjustment of regular Group-D/Common Cadre employees and contractual employees covered under the Haryana Contractual Employees (Security of Service) Act, 2024, the position of posts in this office is as under:- Sr. Name Total Regular Contractual Vacant HKRNL DIVYANSHI 2026.07.10 17:35 I attest to the accuracy and integrity of this document CWP-20273-2026 (O&M) 9 of 11 No. of Post Sanction ed Posts Employees in Position /HKRNL Employees covered under Security of Service Act Posts Availabl e Employees not covered under Security Act 1. Beldar 142 144 1 NIL 4 Findings Upon careful examination, the following findings are recorded:- 1. The petitioner was engaged through HKRNL/contractual arrangement and does not hold any regular sanctioned post. 2. The petitioner(s) Is/are not covered under the Haryana Contractual Employees (Security of Service) Act, 2024. 3. After adjustment of regular Group-D employees and protected contractual employees, no vacant sanctioned post of Beldar is available in this office. 4. Continuation of the petitioner in the absence of a sanctioned vacant post would be violative of the Government instructions dated 27.12.2024 and 15.01.2025. 5. The petitioner has no indefeasible legal right to continue against a non-existent vacant post.” 16. From a bare reading of the above, it is clear that the respondents have examined every aspect of the matter threadbare, and passed the impugned order only thereafter. The respondents have duly considered the vacancy position, and passed the impugned order, keeping in mind the rights of the regularly appointed candidates after following due process of selection through HSSC; against those who have rendered contractual service for five years and are therefore protected under the 2024 Act; and persons such as the petitioner who have not DIVYANSHI 2026.07.10 17:35 I attest to the accuracy and integrity of this document CWP-20273-2026 (O&M) 10 of 11 been appointed before the cut-off date; thereafter, relieving/impugned orders of surplus employees have been issued. In the impugned order dated 10.06.2026 (Annexure P-7), respondent-State has delineated the factual position; as also the reasons for relieving the petitioner from the post of Beldar. The impugned order therefore reflects application of mind, equitable construction of selection, as also rationale. 17. From the above facts, it is clear that continuation of the petitioner against non-available sanctioned post, would be in violation of the afore-referred Government Instructions dated 27.12.2024 and 15.01.2025. Very importantly, the said Instructions have not been challenged by the petitioner. It is also clear that petitioner was appointed after the cut off date of 15.08.2019 i.e. on 01.10.2019 and, therefore, protection under the Act, 2024 is not available to the petitioner. Respondents have also categorically stated that services of the petitioner have been relieved as there is no available sanctioned post after adjusting regular appointees and the protected contractual employees. 18. The petitioner is unable to dispute the above said position. It is also not denied by the petitioner that prior to passing of the impugned order, petitioner was granted an opportunity of personal hearing and to submit representation dated 11.02.2026. 19. As such, no infirmity can be found in the impugned orders. Present Civil Writ Petition accordingly stands dismissed. DIVYANSHI 2026.07.10 17:35 I attest to the accuracy and integrity of this document CWP-20273-2026 (O&M) 11 of 11 20. Pending application(s) if any also stand(s) disposed of. 08.07.2026 (NIDHI GUPTA) Divyanshi JUDGE Whether speaking/reasoned: Yes/No Whether reportable: Yes/No DIVYANSHI 2026.07.10 17:35 I attest to the accuracy and integrity of this document