Photo used for indicative purpose only. Source internet
Shimla, Sept 6,
The Himachal Pradesh High Court has held that Himachal Pradesh National Law University (HPNLU), Shimla, acted illegally by offering contractual appointments to selected candidates despite advertising posts on a regular basis.
Justice Sandeep Sharma, while deciding a batch of petitions filed by six security guards, quashed their disengagement and directed the University to treat them as regular employees from the date of their initial appointment in March 2022.
The petitioners, though duly selected under an advertisement issued in August 2021, were given contractual appointments with repeated “fictional breaks,” preventing them from completing 240 days of continuous service—a precondition for regularization under state policy. They were verbally disengaged on January 1, 2025.
The Court observed that HPNLU’s conduct violated both its own service regulations and constitutional guarantees of equality. “Since as per aforesaid Regulations, all posts were to be filled up on regular basis and there is no provision contained in the Regulations for appointment on contract/temporary basis, appointment given to the petitioners… could not have been made on contractual basis,” Justice Sharma ruled.
Rejecting the University’s argument that cadre strength was later revised from 30 to 17 posts, the Court held that such a review could not be used to retrospectively dislodge employees who had already been selected and appointed.
On the issue of unfair employment practices, the Court came down heavily on the use of artificial breaks. Citing Supreme Court precedents, Justice Sharma remarked: “This Court has no hesitation to conclude that entire exercise undertaken by the respondent was to prevent petitioners from completing 240 days… so that they could not subsequently claim regularization.”
Consequently, the High Court ordered the reinstatement of the petitioners as Security Guards, deeming them regular employees from their initial appointment. While they will not receive monetary benefits for the period of disengagement, that time will be counted towards seniority and other consequential benefits.
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