In a landmark verdict that challenges the widespread practice of contractual employment in educational institutions, the Punjab and Haryana High Court has directed Panjab University to permanently regularise two assistant professors who have been serving on temporary contracts for over twelve years.
Court Condemns Contractual Exploitation
Justice Jagmohan Bansal, in his November 6 ruling, delivered a powerful condemnation of indefinite contractual employment, describing it as a form of exploitation that particularly undermines workers' rights when practiced by government institutions. The judgment emphasized that while temporary contracts might be justified in emergencies, their indefinite continuation without regularization represents a serious systemic issue.
The court specifically noted that "Government institutions, entrusted with upholding fairness and justice, bear even greater responsibility to avoid such exploitative practices" and highlighted the broader implications of misusing temporary employment contracts across the system.
Twelve Years of Service Recognized
The case involved two assistant professors appointed in 2012 through proper competitive processes for sanctioned posts in Commerce and Computer Science departments. Despite their qualifications meeting University Grants Commission standards and maintaining unblemished service records, the university had consistently renewed their yearly contracts while simultaneously advertising their positions for fresh applicants.
Justice Bansal found no illegality in their original appointments, noting they were selected through interviews for properly sanctioned positions. The court rejected the university's argument that the professors' acceptance of contract extensions negated their right to regularization.
Legal Precedent and Implementation Timeline
The judgment heavily relied on the Supreme Court's binding precedent in Jaggo vs Union of India (2024), which established that long, uninterrupted service extending beyond ten years cannot be disregarded merely because initial appointments were contractual. The court clarified this case differed significantly from "backdoor entries" criticized in the landmark 2006 Uma Devi judgment.
The court has given Panjab University six weeks to implement the regularization order. Failure to comply will result in the professors' employment being automatically deemed regularized with full seniority and all attendant benefits from that date. Additionally, the court suggested the university review similar cases of other long-serving contractual teachers to prevent repeated litigation.
This verdict establishes a crucial legal principle that could affect thousands of contractual employees across Indian educational institutions, particularly those with long service histories and proper appointment procedures.
