Contractual appointment from 11 years in govt deptt

Naresh Rattan (Querist) 30 October 2025 This query is : Resolved
I am appointed on contractual basis in year 2014 for period of one years and each year my contract was renew after gap of 3 days in Govt deptt. Now administration needs to shunt out me with any reasonable cause as they want to appoint another person of their choice on contractual basis. You are requested that weather they are entitled to do so that contractual employee be replaced by another contractual employee. Please guide with some citation of Hon'ble Court.

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If you've been working on a contract basis for a government department for many years, with annual renewals often involving short breaks, your employer may not be able to simply replace you with another contractual employee without a valid reason. While contractual roles generally don't guarantee permanent positions, courts have ruled against arbitrary replacements and the use of artificial breaks to circumvent employee rights. It's advisable to consult a legal professional specialising in service matters to review your specific situation and explore potential legal challenges.

kavksatyanarayana (Expert) 30 October 2025
A contract employee is hired by a contractor to work for an establishment. This is different from direct employment, and courts have consistently ruled against using successive fixed-term contracts to deny workers permanent positions. And contract employee can typically be terminated by either party with a one-month notice or salary instead of notice. And, a contract employee has no automatic claim to a permanent position based on their contract.

Advocate Bhartesh goyal (Expert) 31 October 2025
Terminating a long term employee with " Artificial Break " ( Three days gap every year ) without following legal procedure could be challenged as unlawful termination also to prevent employee to claim continous service

Dr. J C Vashista (Expert) 01 November 2025
You are not yet regularised as government employee but still working as "contract" employee under the terms and conditions accepted with contractor.
Show your appointment letter, if issued by the contractor, to a local prudent lawyer practicing service matters.

P. Venu (Expert) 01 November 2025
Is it a case of contract of service or service or contract for service?

Dr. J C Vashista (Expert) 02 November 2025
Show relevant records to a local prudent lawyer for proper appreciation of facts, professional advise and necessary proceeding to protect your interest.

T. Kalaiselvan, Advocate (Expert) 03 November 2025
A contractual employee does not have a right to regularization or continued employment beyond the period of the contract — unless there are statutory rules, court directions, or evidence of mala fide / arbitrariness in termination or replacement.

However, the government cannot terminate or refuse renewal arbitrarily to replace one contractual employee with another for the same post and duties. That is considered unfair, arbitrary, and violative of Article 14 of the Constitution (equality before law).
State of Haryana vs Piara Singh (1992) 4 SCC 118
👉 The Court held that ad hoc or temporary employees should not be replaced by another ad hoc or temporary employee. Replacement can only be by a regularly selected candidate through due process.

2. Hargurpratap Singh vs State of Punjab (2007) 13 SCC 292
👉 Replacing a contractual/ad hoc employee with another person on the same basis without any fault of the existing employee was held illegal and arbitrary.

3. State of Karnataka vs Umadevi (2006) 4 SCC 1
👉 Clarified that contractual employment confers no right to regularization, but also did not authorize arbitrary replacement of one contractual employee by another.

4. Manju Bala vs State of Punjab (2015) (P&H High Court)
👉 Held that a contractual employee cannot be replaced by another contractual employee; only a regularly selected person can replace him/her.
Consult a service law advocate to file a representation first, and then a writ petition if not resolved.

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