“Punjab and Haryana High Court Upholds Rights of Long-Term Part-Time Employees, Directs Regularization and Compassionate Assistance
On 7 July 2023, In a significant ruling, the Punjab and Haryana High Court has delivered a judgment affirming the eligibility of long-term part-time employees for regularization of their services and the entitlement to compassionate assistance. The judgment, delivered by Justice Raj Mohan Singh, emphasized that the availability of sanctioned posts should not be a valid ground to deny regularization when employees have diligently served for a substantial period.
Justice Raj Mohan Singh stated in the judgment, “Long-term part-time employees should be eligible for regularization of their services. The continuous nature of their work demonstrates the need for their regular presence, and it is unjust to deny them regularization based on the availability of sanctioned posts.” This decision aligns with previous court orders and government policies supporting the regularization of long-term part-time employees.
The case, Bimla and others v. State of Haryana and others, involved the petitioners seeking the issuance of a writ of mandamus to direct the respondents to release service benefits, family pension, and financial assistance. The court recognized the entitlement of the deceased employee’s family to compassionate assistance, considering the deceased employee as a regular employee at the time of his death.
Justice Raj Mohan Singh further remarked, “The claim for compassionate assistance should be considered by the competent authority in accordance with the relevant laws and policies. The deceased employee’s family deserves the support provided under the Haryana Compassionate Assistance to the Dependent of the Deceased Employee Rules 2006.”
This ruling has far-reaching implications, as it sets a precedent for the regularization and compassionate assistance for long-term part-time employees in the state. The judgment aligns with the principles of fairness and upholds the rights of employees who have dedicated their services to an establishment for an extended period.
The court’s decision in Bimla and others v. State of Haryana and others underscores the need for employers to recognize and acknowledge the contributions of long-term part-time employees. The ruling also highlights the importance of implementing policies that promote job security and address the concerns of such employees.
With this judgment, the Punjab and Haryana High Court has taken a significant step towards ensuring equal treatment and justice for long-term part-time employees, enabling them to avail themselves of regularization and compassionate assistance in a fair and equitable manner.
Date of Decision: 07.07.2023
Bimla and others vs State of Haryana and others
