The Haryana government's policy released to gain political advantage in the upcoming state assembly elections by regularising over 20,000 Group B, C and D ad hoc/contract employees who have completed three years of service has been challenged in the Punjab and Haryana high court.
Taking up the petition filed by Sonepat resident Yogesh and others, the division bench comprising justice SK Mittal and justice Arun Palli on Monday issued notice regarding stay to the Haryana government for September 16. The state government now has to submit its response as to why the policy should not be stayed by the court.
Challenging the policy released on June 16 and July 7 (future/prospective policy), the petitioners had submitted that the state government has even regularised the services of those Group-B employees, who were neither appointed through proper selection procedure/advertisement or even were appointed on contract basis by following a set procedure.
The petitioners have submitted that this action has resulted into grave injustice for the eligible meritorious candidates who are legitimately waiting for appointments to be made through proper selection procedure.
Appearing for the petitioners, senior advocate Anupam Gupta argued that the state government's policy to lure the general public is not only illegal but also contemptuous to judgment passed by the larger bench of the Supreme Court in 'State of Karnataka and others vs Uma Devi and others' in 2006.
The court was informed that the Supreme Court had held that the action of the government authorities in regularising the ineligible and irregular appointees either appointed on contract basis or as daily wagers or on ad hoc basis without following the proper selection procedure, is not only against the provisions of the Constitution but is also a disrespect to the constitutional ethos.
It was submitted that the Supreme Court had further directed that all the states should restrain themselves from making illegal appointments in future and also permitted them to make a one-time policy for regularising the employees who were appointed through proper selection procedure and were continuing in service since past 10 years. Thereafter, the Haryana government framed regularisation policy for Group-B employees appointed on ad hoc/contract basis on July 29, 2011, and for Group C and D employees appointed on ad hoc/contract work charged daily wages and part-time basis.
The senior counsel informed the court that state government's 2011-policy was a one-time measure and it was clarified that no person shall be entitled to claim it as a matter of right. It was further categorically stated in the policy that in future, no illegal/irregular appointment on ad hoc/contract shall be made against sanctioned posts. Whereas the state government has again, contrary to its earlier stand, come out with a policy this year.