HC upholds contract-service benefits for 83 JOAs
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HC upholds contract-service benefits for 83 JOAs
Shimla, Sept 8,
The Himachal Pradesh High Court has ruled in favour of 83 Junior Office Assistants (IT) of the Himachal Pradesh State Electricity Board Limited (HPSEBL), holding that their contractual service preceding regularisation must be counted for service benefits, including seniority, annual increments and eligibility for promotion.
A Division Bench comprising Justice Vivek Singh Thakur and Justice Ranjan Sharma delivered the common judgment on Tuesday while deciding a batch of 83 writ petitions. The petitioners had been appointed as JOAs on contract after undergoing the prescribed recruitment process and were subsequently regularised after completing three years of continuous contractual service.
The court rejected the Board’s contention that the petitioners could not claim benefits of their contractual period merely because their initial appointments were contractual and renewable annually. It observed that none of the petitioners had been terminated during the contractual period and that, after successfully completing the requisite period, their services were regularised.
The Bench held that once the employees had been regularised after uninterrupted contractual service, their contract period was liable to be counted for service benefits. The court relied upon the Supreme Court’s judgment in Direct Recruits Class II Engineering Officers’ Association and the High Court’s earlier ruling in Taj Mohammad.
Accordingly, HPSEBL has been directed to count the contractual service of the petitioners for all service benefits, including seniority and consequential benefits, as well as annual increments if these have not already been granted. The employees are also to be considered for promotion to Senior Assistant, subject to eligibility and availability of vacancies, after counting their contractual service.
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The Bench held that once employees are regularised after uninterrupted contractual service, the contract period must be counted for service benefits. It relied on the Supreme Court’s judgment in Direct Recruits Class II Engineering Officers’ Association and the High Court’s earlier ruling in Taj Mohammad.
The court further clarified that the 3% annual increase applicable under the contract and Rule 15-A would be taken into account. If the increment already granted was equal to 3%, no additional amount would be payable; where it was less, the difference would have to be paid.
The Bench directed that arrears arising from the judgment be paid by December 31, 2026. No interest was ordered at this stage, but failure to make payment by the deadline would attract 6% annual interest from the date of accrual until payment.
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