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⇱ Punjab and Haryana High Court regularises contractual NHM employees after 10 years of service, here’s why | Legal News - The Indian Express


In a significant ruling impacting hundreds of contractual employees under the National Health Mission (NHM) in Haryana, the Punjab and Haryana High Court has ordered the regularisation of employees who have completed more than 10 years of continuous service.

Justice Sandeep Moudgil passed this order in a case filed by Neeraj Rani against State of Haryana and others, along with 103 connected petitions.

The court directed the State of Haryana and the Mission Director, NHM, to regularise the services of eligible petitioners from the date of their initial appointment along with consequential benefits within eight weeks.

The petitioners included Auxiliary Nurse Midwives (ANMs), staff nurses, lab technicians, sanitation workers, drivers and other healthcare staff appointed under the NHM after advertisements, merit-based selection and issuance of appointment letters by competent authorities.

Though appointed on contractual terms, most had continued in service uninterrupted for over a decade, with some completing between 11 and 20 years.

Why the HC ordered regularisation

In its observations, the court said, “The State cannot be permitted to exploit its employees or derive advantage from the vulnerability of those seeking employment.”

The court further remarked that “administrative convenience cannot displace constitutional obligation” and that the matter could not be viewed merely “within the narrow walls of a contract”.

The judgment also held that substantive employment rights accrue through long and continuous service, particularly where appointments were made after a fair selection process.

The High Court ultimately concluded that the petitioners’ case was fully covered by recent Supreme Court precedents favouring regularisation in cases involving long years of continuous service in perennial public functions.