Can Government Take Back Permanent Job After 3 Years? Punjab and Haryana High Court Quashes ‘Arbitrary’ De-Regularisation Order

In a significant ruling on government service law, the Punjab and Haryana High Court has clarified whether the government can take back permanent job status after years of regularisation.

Terming the State’s action “arbitrary” and “discriminatory”, the Court quashed a 1999 order that de-regularised the services of a long-serving employee.

Justice Sandeep Moudgil observed on February 13:

“Public power, exercised without fairness, degenerates into arbitrariness, which our Constitution firmly forbids.”

The Court further held:

“When the state confers regular status upon a workman through a declared policy and allows him to serve for years as a regular employee, it cannot later retreat behind technicalities of its own making to deny him the fruits of that status.”

Case Background: Regularised in 1996, De-Regularised in 1999

The petitioner, Shri Pal Singh, was:

• Appointed as a mali-cum-chowkidar in March 1991

• Selected through the Employment Exchange

• Posted in the office of the BDPO, Sadhaura, Haryana

Timeline

• 1991 – Appointment

• February 1, 1996 – Services regularised under State policy

• August 1999 – Joint Secretary issued order de-regularising him

The State argued that he was appointed by a Panchayat Samiti and therefore did not qualify as a government employee.

Why the High Court Said Government Cannot Arbitrarily Take Back Permanent Job After 3 Years

Justice Moudgil made several constitutional observations:

• Justice is not served by postponement.

• When wages and service benefits are unlawfully withheld, delay becomes a form of denial.

• Once the State regularised the petitioner and extended benefits from 1996 to 1999, it could not later withdraw regularisation.

• Three years of continued treatment as a regular employee created legitimate expectation.

• Administrative fairness does not permit undoing a settled position after lapse of time.

Violation of Articles 14 and 16: Hostile Discrimination

The Court held that:

• Singling out the petitioner for de-regularisation while others similarly placed were protected amounts to hostile discrimination.

• It violates:

  • Article 14 (Right to Equality)

  • Article 16 (Equality in Public Employment)

The Panchayat Samiti qualifies as “State” under Article 12, meaning constitutional protections apply.

The Court emphasised:

The State, as a model employer, must remember that those who serve it at the lowest rungs of administration are entitled not merely to wages, but to dignity secured by the Constitution.

Legal Analysis: When Can Government Take Back Permanent Job After 3 Years?

After confirmation or valid regularisation, removal is legally permissible only if:

1. There was fraud or misrepresentation.

2. The appointment was void ab initio (illegal from the start).

3. Misconduct is proved through due process.

4. The post is lawfully abolished.

If none of these conditions exist, withdrawing permanent status after years is generally viewed as arbitrary and unconstitutional.

Understanding Probation, Confirmation and Regularisation in Government Jobs

Probation

• Usually lasts 1–3 years.

• Services can be terminated more easily.

• Termination must not be punitive in disguise.

• Completion does not automatically mean confirmation unless rules provide so.

Probationers have limited protection.

Confirmation

• Employee is formally declared permanent.

• Removal requires:

  • Compliance with service rules

  • Departmental inquiry

  • Constitutional safeguards (Article 311)

Once confirmed, termination cannot be arbitrary.

Regularisation

• Applies to ad hoc, temporary, contractual or daily wage employees.

• Recognises employee as regular against sanctioned post.

• Cannot violate recruitment rules.

• Once validly granted and followed by long service, it cannot be withdrawn arbitrarily.

Illegal vs Irregular Appointment: Why It Matters

Illegal Appointment

• No sanctioned post.

• Recruitment rules completely bypassed.

• Fraud or forged documents used.

• Appointment by incompetent authority.

Effect: Void from beginning. Can be cancelled even after years.

Irregular Appointment

• Post exists.

• Authority competent.

• Eligibility met.

• Minor procedural lapses occurred.

Effect: Not void. Courts may protect after long service and regularisation.

Article 311: Constitutional Protection Against Arbitrary Dismissal

Article 311 applies to members of civil services and persons holding civil posts.

Protections

• No dismissal by authority subordinate to appointing authority.

• Charges must be communicated.

• Opportunity of hearing must be given.

• Proper departmental inquiry required.

Exceptions

1. Criminal conviction.

2. Inquiry not reasonably practicable.

3. National security grounds.

Courts interpret these exceptions strictly.

Final Answer: Can Government Take Back Permanent Job After 3 Years?

The answer depends on legality of appointment.

Government Can Withdraw If:

• Appointment was illegal.

• Fraud was involved.

• Misconduct proved.

• Post genuinely abolished.

Government Cannot Withdraw If:

• Appointment was merely irregular.

• Employee was regularised under valid policy.

• State treated employee as permanent for years.

• Withdrawal is arbitrary and discriminatory.

The Punjab and Haryana High Court’s ruling reinforces that public employment is tied to constitutional guarantees of fairness, equality and dignity under Articles 14, 16 and 311.

Arbitrary exercise of State power is constitutionally impermissible.