Nitin Taneja vs State Of Haryana And Others

IN TH

214


Nitin Tanej



State of Ha

CORAM: HON

Present:- Mr. N

Mr. P

Mr P

NIDHI GUPTA, J .
HE HIGH COURT OF PUNJAB AN
D HARYANA AT CHANDIGARH
CWP-3357
Date of De
1-2025 (O&M)
ecision:- 03.11.2026
a
… Petitioner
Versus
aryana and others
... Respondents
N'BLE MS. JUSTICE NIDHI GUPTA
A
Naveen Sheokand, Advocate, for
r the petitioner.
Priyavrat Parashar, Asstt. A.G. Ha
aryana.
Prince Singh, Advocate, for respo
ondent No.3.

Prese
ent Civil Writ Petition und
er Articles 226/227 of the
e
Constitution of In
ndia has been filed by the petitio
oner for issuance of a writ in the
e
nature of manda
amus, commanding Responden
nt Nos. 2 to 3 to consider the
e
application dated
d 25.09.2025 (Annexure P-4) giv
ven by the petitioner to provide
e
job security to t
the petitioner as per the Har
ryana Govt. Notification dated
d
05.08.2025 vide
No. S.O.67/H.A.17/2024/S.10/
/2025 (Annexure P-2) as the
e
petitioner has com
mpleted 5 years of contractual s
service. Such arbitrary and mala
a
fide actions are
violative of the Petitioners' fun
ndamental and statutory rights
s
and warrant imm
ediate judicial intervention in th
he interest of justice, equity, and

fair play.
2. It is
inter alia submitted by ld. c
ounsel for the petitioner that
t
petitioner had joi
ined as Lab Attendant in the Dep
partment of VPHE, LUVAS, Hisar,
,
NEELAM KUMARI
2026.11.04 16:02
I attest to the accuracy and
integrity of this document

CWP-33571-2025

Haryana on cont
5 (O&M) - 2 -

ractual basis on dated 01.08.20
017. Since then, petitioner has
s
worked on contra
actual basis under various depa
artments and possesses service
e
of more than 5 y
years and lastly worked as Lab T
Technician in Semen Bank, Hisar
r
from 01.09.2023
3 to 15.08.2024. Thereafter p
petitioner was removed from
m
service, and no
security of service or bene
efits were ever given by the
e
respondents.
3. It is
submitted that as per the Ha
ryana Govt. Notification dated
d
06.12.2024 (Anne
exure P-1) THE HARYANA CONTR
RACTUAL EMPLOYEES (SECURITY
Y
OF SERVICE) ACT,
T, 2024 (herein after ‘the 2024 A
Act’), was promulgated. As per
r
Section 3 (ii) of
f the 2024 Act, the contractu
ual employee is one who has
s
completed at lea
ast five years service in Govern
ment organization, on full-time
e
basis as on the
appointed date. It is contend
ed that as the petitioner had

completed five y
ears’ service when he was rem
moved then he becomes eligible
e
for security of ser
rvice.
4. It is
further submitted that the Ha
aryana Govt. Notification dated
d
05.08.2025 (Anne
exure P-2), the rules for regulat
ing the terms and conditions of
f
eligible contractu
ual employee under the Act, wer
re framed. Vide Rule 3 (3) of the
e
said Notification i
it is provided that: –
“(3)
Where the contractual service h
has been partly in a Department
t
of
Haryana Government
and partly in a
a
Boar
rd/Corporation/Authority under
r Haryana Government on a
a
post,
, the total cumulative service sh
hall be counted for the purpose
e
of as
scertaining five years of contract
tual service.”
NEELAM KUMARI
2026.11.04 16:02
I attest to the accuracy and
integrity of this document

CWP-33571-2025

Thus
5 (O&M) - 3 -

s, as per the said notification
also petitioner is eligible for
r
security of servic
ce as the petitioner had cumu
ulative service of more than 5
5
years .
5. It is
submitted that accordingly, in
view of the above provisions,
,
vide application
dated 25.09.2025 (Annexure
e P-4), petitioner had sought
t
security of serv
ice from respondent No. 3,
Semen Bank, Hisar. However,
,
aforesaid applicat
tion of the petitioner has been v
verbally rejected by respondent
t
No. 3, stating th
hat petitioner has worked in
the University (LUVAS), which
h
experience of the
e petitioner cannot be included
while ascertaining his period of
f
service.
6. Ld. c
counsel argues that the illega
al actions of the respondents
s
constitute a blat
tant violation of the petitioner
rs' fundamental rights. Despite
e
multiple compla
ints, representations, and dire
ections, the respondents have
e
failed to protect
the petitioners' rights and have
e instead verbally dismissed the
e
claim of the petit
ioner by taking contrary actions
.
7. Ld. c
counsel for the petitioner reite
rates that as per the 2024 Act
t
(Annexure P-1), e
eligible contractual employees w
who have completed 5 years of
f
service in the Go
overnment organisation are ent
itled to security of service. It is
s
submitted that th
he petitioner has admittedly bee
en working since 01.08.2017; as
s
such, petitioner is
s entitled to security of service u
under the 2024 Act.
8. Ld. c
counsel submits that the actions
s of the respondents in verbally
y
dismissing the cla
aim of the petitioner by taking
g contrary stances are arbitrary,
,
NEELAM KUMARI
2026.11.04 16:02
I attest to the accuracy and
integrity of this document

CWP-33571-2025

illegal, and violat
5 (O&M) - 4 -

ive of the petitioner’s fundame
ntal rights under Articles 14, 19
9
and 21 of the Con
nstitution of India.
9. Acco
ordingly prays that present writ
petition be allowed and “a writ
t
in the nature of m
mandamus, commanding Respon
ndent Nos. 2 to 3 to consider the
e
application dated
d 25.09.2025 (Annexure P-4) giv
ven by the petitioner to provide
e
job security to t
the petitioner as per the Har
ryana Govt. Notification dated
d
05.08.2025 vide
No. S.O.67/H.A.17/2024/S.10/
/2025 (Annexure P-2) as the
e
petitioner has com
mpleted 5 years of contractual s
service. Such arbitrary and mala
a
fide actions are
violative of the Petitioners' fun
ndamental and statutory rights,

and warrant imm
mediate judicial intervention in th
he interest of justice, equity, and
d
fair play.”
10. Per c
contra , ld. counsel for responde
nt No. 3, supported by ld. State
e
counsel, has ve
hemently opposed submission
ns of the petitioner and has
s
contended that t
the entire case of the petitione
er is based upon Rule 3 of the
e
Haryana Contract
tual Employees (Security of Serv
vice) Rules, 2024 (Annexure P-2),
,
whereby it has
been stipulated that contra
actual service rendered in a
a
Department of
f the respondent Gover
rnment, or even in a
a
Board/Corporatio
on/Authority under the Haryana
a Government for 5 years, shall
l
be taken into acc
count for grant of job security. H
However, petitioner has worked
d
in a University
which cannot be counted to
owards grant of job security.
.
Accordingly prays
s for dismissal of the writ petitio
n.
NEELAM KUMARI
2026.11.04 16:02
I attest to the accuracy and
integrity of this document

CWP-33571-2025

11. No o
5 (O&M) - 5 -

other argument is made on be
ehalf of the ld. counsel for the
e
parties. I have h
eard the ld. counsel and perus
sed the case file and record in
n
detail. I find no m
merit in the submissions advance
ed on behalf of the petitioners.
12. The
petitioner had joined as Lab A
Attendant in the Department of
f
VPHE, LUVAS, Hi
sar on contractual basis on 01
1.08.2017. Petitioner has lastly
y
worked as Lab
Technician in the Semen Ban
nk, Hisar from 01.09.2023 to
o
15.08.2024. The
grievance of the petitioner is
that thereafter, petitioner was
s
removed from se
rvice, and no security of service
or benefits were given to him.
13. How
wever, grievance of the p
etitioner is misplaced and
d
misconceived. Se
ecurity of service under the 202
24 Act is to be given to ‘eligible
e
contractual emplo
oyees’; which is defined under S
Section 3(ii) as follows: –
“3. T
The eligible contractual employee
e shall be an employee who,-
XXX X
XXX XXX
(ii) h
has completed at least five ye
ars service in the Government
t
Orga
anization on full time basis as on
n the appointed date.”
‘Appointed date’
has been defined in Section 2(a)
)as follows: –
“2. In
n this Act, unless the context oth
herwise requires,-
(a) “a
“appointed date” means the 15th
h August, 2024;”
Thus
s, for grant of security of Servi
ice under the 2024 Act, it was
s
required that as
on 15.8.2024, petitioner should
d have completed five years of
f
full-time service i
n a ‘Government Organization’.
‘Gov
vernment Organization’ is define
d in Section 2(f) as follows: –
NEELAM KUMARI
2026.11.04 16:02
I attest to the accuracy and
integrity of this document

CWP-33571-2025

5 (O&M) - 6 -

“(f)
“Government Organization” m
means a department, board,

corporation
n or authority under which the
e eligible contractual employee
e
was workin
ng on the date of the commence
ment of this Act;”
14. It is
the contention of the petitione
er that he has completed more
e
than 5 years of c
contractual service from 2017 t
till 2024, therefore petitioner is
s
entitled to secur
rity of service under the 2024
4 Act (Annexure P-1). For this
s
purpose, service
rendered by the petitioner in
LUVAS from 2017 is also to be
e
counted. In this
regard, petitioner has also relie
ed upon Rule 3(3) of the 2025
5
Rules.
15. How
wever, the said contention of t
the petitioner is misconceived.
.
Service of the p
etitioner rented at LUVAS from
m 2017 cannot be counted as
s
LUVAS is not a Go
overnment Organization as defin
ned under the 2024 Act or under
r
the 2025 Rules.
It may be clarified that in term
ms of the power vested in the
e
Government vide
e Section 10 of the 2024 Act,
Government is empowered to
o
make rules to ca
arry out the purposes of the 2
2024 Act by Notification in the
e
Official Gazette.
In exercise of that power, the
e respondent Government has
s
promulgated the
e Haryana Contractual Employe
ees (Security of Service) Rules,
,
2025 (Annexure
P-2). Petitioner is relying upon
Sub-rule (3) of the said Rules,
,
which stipulates a
as under:
“3) W
Where the contractual service h
as been partly in a Department
t
of
Haryana Government
and partly in a
a
Boar
rd/Corporation/Authority under
r Haryana Government on a
a
post,
, the total cumulative service sh
hall be counted for the purpose
e
of as
scertaining five years of contract
tual service.”
NEELAM KUMARI
2026.11.04 16:02
I attest to the accuracy and
integrity of this document

CWP-33571-2025

16. A ba
5 (O&M) - 7 -

are reading of the above prov
visions shows that contractual
l
service rendered
by an employee in a "Departm
ment of Haryana Government"
"
and in a " Board/C
Corporation/Authority under the
e Haryana Government" only, is
s
liable to be cou
nted for the purpose of ascer
rtaining 5 years of contractual
l
service. Admitted
dly, petitioner has not worked in
n a ‘Department of the Haryana
a
Government’ or
in a ‘Board, Corporation, or
Authority under the Haryana
a
Government’. Pet
titioner has only worked in the L
LUVAS University at Hisar, which
h
is an autonomou
us body governed by its own Ru
ules and Bye-laws. The same is
s
therefore not cov
vered under the above definition
n of ‘Government Organisation’.
.
As per the above
e provisions, only the contract
tual employees of Government
t
Departments, Boa
ards, Corporations, or Authoritie
es are eligible for benefits under
r
the said Act and
Rules. Universities are not cover
red under the above provisions.
.
State Universities
s are autonomous bodies, and th
heir employees are governed by
y
their respective
rules and regulations. There
efore, the contractual service
e
rendered in State
e Universities shall not be coun
nted for benefits under the said
d
Act and Rules. Th
us, contention of the petitioner
is egregiously misconceived.
17. It ma
ay further be pointed out that
in the August 2025 session of
f
The Haryana Vid
dhan Sabha on 22.08.25, in
reply (Annexure R3/1) to the
e
Unstarred questio
on no. 32 related to the Genera
al Administrative Department in
n
the office of the
Chief Secretary Haryana, the Ch
hief Minister, Haryana has inter
r
alia replied that t
the contractual service rendere
d in State Universities shall not
t
be counted for b
benefits under the said Act an
nd Rules. The said reply is also
o
available in the di
igital library of the Haryana Vidh
han Sabha official website.
NEELAM KUMARI
2026.11.04 16:02
I attest to the accuracy and
integrity of this document

CWP-33571-2025

18. Thus
5 (O&M) - 8 -

s, contractual service rendered
d by the petitioner in LUVAS
S
cannot be counte
ed for the purpose of grant of be
enefits under the Act, 2024 and
d
the Rules, 2025.
The claim of the petitioner is, t
therefore, not admissible under
r
the provisions of
f the said Act and Rules as he h
has not rendered the minimum
m
service required
under the Act after excluding t
the service rendered under the
e
University.
19. It is
also pertinent to mention that
t admittedly, petitioner has not
t
even applied onli
ne for security of Service under
the 2024 Act. It may be pointed
d
out that as per
Letter No. 6/74/2025-5HR-I o
on dated 23.12.2025 issued by
y
Haryana Govern
nment Human Resources Dep
partment (Human Resources-I
I
Branch) on the su
ubject of launch portal www.sec
curedemployee.csharyana.gov.in
n
for submission an
nd consideration of cases of Co
ontractual Employees under the
e
Rules, 2025 para
no. 04 is relevant and is reprodu
uced as under:
"No
physical applications or orders s
shall be entertained for grant of
f
bene
efit of security of service un
nder the Haryana Contractual
l
Emp
loyees (Security of Service) Ac
ct, 2024 and the Rules framed
d
there
eunder. Any physical order, if
already issued by any HoD in
n
favo
ur of an employee, shall be trea
ted as ineffective. All such cases
s
must
t be processed strictly through
h online mode via the above-
-
men
tioned portal." (Annexure R3 / 2)
).”
20. In vi
ew of the above-noted facts, t
he present writ petition stands
s
dismissed .
21. Pend
ding application(s), if any, also st
ands disposed of.

03.11.2026
Neelam
( N

NIDHI GUPTA )
JUDGE
Whether speaking /reasoned Yes / No
Whether Reportable Yes / No
NEELAM KUMARI
2026.11.04 16:02
I attest to the accuracy and
integrity of this document