Punjab & Haryana High Court Holds Long Service Cannot Be Defeated by Technical Educational Qualification; Directs Regularisation of Mali With 27 Years of Continuous Service

Case Name: Shiv Nath v. Punjab State Cooperative Supply and Marketing Federation Limited and Another
Date of Judgment: 09 December 2025
Citation: CWP-30287-2025
Bench: Hon’ble Mr. Justice Harpreet Singh Brar

Held: The Punjab and Haryana High Court allowed a writ petition and set aside rejection of regularisation of a Mali who had rendered over 27 years of continuous service. The Court held that denial of regularisation solely on the ground of absence of a Middle Standard Punjabi qualification, which was never insisted upon during decades of service, is arbitrary, exploitative, and violative of Articles 14 and 16 of the Constitution. The respondents were directed to regularise the petitioner with all consequential benefits.

Summary: The petitioner was appointed as a Mali in the respondent-Markfed in 1998 and had rendered uninterrupted service for more than 27 years with satisfactory conduct. His claim for regularisation under the Punjab Government Regularisation Policy was rejected solely on the ground that he did not possess a Middle Standard pass certificate with Punjabi, despite the qualification never having been insisted upon throughout his long tenure.

The High Court examined whether, after extracting satisfactory service for nearly three decades, the employer could deny regularisation by invoking a technical educational requirement. Relying on binding precedent of the Supreme Court and Division Bench judgments of the High Court, the Court reiterated that once an employee has served for a long period, denial of regularisation on the ground of lack of minimum qualification is unjustified, particularly where the work performed never required such qualification in practice.

The Court found the respondents’ stand to be internally contradictory, observing that if the qualification were truly essential, it was inexplicable how the petitioner’s services were continuously utilised for decades. The reliance on negative equality and strict adherence to policy was rejected, with the Court holding that constitutional guarantees cannot be overridden by technicalities of policy. The Court further noted that similarly situated employees had been regularised earlier without insisting upon the qualification, rendering the denial discriminatory.

Decision: The writ petition was allowed. The impugned rejection order was set aside. The respondents were directed to regularise the petitioner within six weeks, failing which he would be deemed to be regularised. The petitioner was held entitled to counting of past service and all consequential benefits in accordance with law.