#Contractual Service

Himachal Pradesh High Court rules that contractual service must be included in seniority calculations and pensionary benefits for government employees, striking down provisions of the Himachal Pradesh Recruitment and Conditions of Service Act, 2024. The judgment mandates reconsideration of employee claims, ensuring parity in service benefits regardless of employment terms.

The Madhya Pradesh High Court has ruled that contractual service as a Panchayat Karmi must be counted for seniority and all monetary benefits, reinforcing the principle of equal pay for equal work established in Ajay Sharma v. State of MP. This decision impacts thousands of contractual workers across rural local bodies who were previously denied benefits based on their employment status.

NCLAT rules that a personal guarantor's insolvency can be initiated under the IBC based on contractual notice and cumulative evidence, even if postal receipts are absent. The ruling clarifies that strict proof of service is not mandatory if the guarantee deed authorizes alternative invocation methods, impacting lenders and guarantors in insolvency proceedings.

HP High Court rules that contractual service may be counted as qualifying service for pension under CCS Pension Rules if recruitment adhered to constitutional procedures under Article 309. However, arrears of increments are barred, and the petitioner must file a fresh representation by 30.05.2026 to seek relief.

HP High Court rules that continuous contractual service from 09.11.2006 qualifies for pension under Rule 17 of CCS (Pension) Rules, 1972, even without competitive recruitment, if followed by regularization. The judgment strikes down the Himachal Pradesh Recruitment and Conditions of Service of Government Employees Act, 2024, ensuring pension eligibility for affected employees.

Orissa High Court rules that contractual service from 1996 must be counted for pension eligibility under OCS Pension Rules, 1992, where the sanctioned post remained vacant and the State failed to recruit despite tribunal directives. The judgment entitles the employee to retrospective absorption and pension benefits, reinforcing the State's duty as a model employer.

HP High Court rules that contractual service from 2008 must be counted for seniority and pay fixation, but limits benefits prospectively from the petition filing date. To protect existing incumbents, promotions will be granted via supernumerary posts, ensuring no displacement while upholding contractual employees' rights under service law.

Rajasthan High Court rules that 20 years of uninterrupted service as a contractual chowkidar entitles the employee to regularization, rejecting res judicata based on a prior wage claim. The court directed payment of arrears from the filing date and regularization within three months, setting a precedent for long-serving contractual workers in similar disputes.

Bombay HC rules that prolonged contractual service under PMGSY (over 10 years) creates an enforceable right to regularization, including back wages and consequential benefits. The judgment rejects artificial service breaks and underscores the state's obligation to absorb long-term contractual workers, impacting thousands of PMGSY employees across Maharashtra.

The Delhi High Court ruled that contractual service under the 2009 DHS Rules does not confer seniority rights, which are strictly statutory. However, such service may be counted for pension under Rule 17 of the CCS (Pension) Rules, 1972, if continuous and compliant. The judgment clarifies the distinction between seniority (a statutory right) and pension (a deferred benefit subject to conditions).