Employee Cannot Be Terminated during Maternity Leave: Punjab & Haryana HC

Punjab and Haryana High Court, through a common order, addressed multiple writ petitions concerning the regularization of temporary employees. The petitioners sought the continuation of their services on existing posts, arguing that their work remained necessary and that they should not be replaced by another set of temporary employees. The court acknowledged their ongoing employment and ruled that they may continue working as long as the post exists, subject to satisfactory performance. However, their request for regularization was denied, citing a previous ruling in Bikramjit Singh & Others v. State of Punjab & Others (CWP-34402-2019), where similar relief was rejected.

The court reaffirmed the legal principle that temporary employees cannot be substituted with another set of temporary workers on the same terms and conditions. However, they may be replaced by regular employees when required. It was clarified that the ruling applies only to employees currently in service and does not extend to those whose employment had already been terminated. The Sessions Division retains discretion to consider rehiring former employees based on their experience, should temporary appointments be needed in the future.

A separate ruling was made in the case of Balvir Kaur v. State of Punjab & Others, where the petitioner was dismissed while on maternity leave. The court found this termination unjustified and ruled that Kaur should receive full salary for the approved maternity leave period. Her termination was deemed effective only after the completion of her leave, and the state was directed to release her due salary within eight weeks.