Job regularisation of staffs engaged in created post

This query is : Resolved 
 

(Querist)
09 July 2019

Sir/Madam I am working as Block Coordinator in consolidated pay since 2011 in NRLM Scheme which is centrally sponsored scheme implemented in all states with a share of funds at ration of 60:40. These posts are created with concurrence of Finance department of Government of Odisha. So is there any right to be regularisation of my job ?? As we are working at block/ district office as like a regular staff , can 'equal pay equal work ' order works here ???


Isaac Gabriel (Expert)
09 July 2019

You can seek permanancy as per conferment of Permanent status.Act 1981.

Sudhir Kumar (Expert)
09 July 2019

So is there any right to be regularisation of my job ??

Given facts do not state that you are govt employee. Apprently you are only a project employee. Please clarify if I am wrong.


Sudhir Kumar (Expert)
09 July 2019

As we are working at block/ district office as like a regular staff , can 'equal pay equal work ' order works here ???

EQUALITY WITH WHOM?

P. Venu (Expert)
09 July 2019

Yes, you are entitled if there are similarly placed persons among the regular staff or those holding comparable positions.

Dr J C Vashista (Expert)
09 July 2019

What is the type of your appointment i.e., contractual/ temporary/ ad-hoc / for project or any other?
Other than contractual you are entitled for permanency after 288 days regular/continuous service.
Consult a local prudent lawyer practicing service matters for better appreciation of facts, guidance and proceeding.

SHIRISH PAWAR, 7738990900 (Expert)
09 July 2019

Your service conditions will be as per your appointment letter.

kavksatyanarayana (Expert)
09 July 2019

Ji, to my best known, it is a programme to reduce poverty specially in Rural areas constituted by Ministry of Rural Devlopment (India) and the programme is for 10 years. You are selected as a co-ordinator and it is not regular post.

Sunil Kumar Pradhan (Querist)
09 July 2019

My post is purely contractual basis with annual renewal on satisfactory performance. Its true that this NRLM programme is for 10 years and we are working for a mission. So is there any way to be regularize ???

K Rajasekharan (Expert)
10 July 2019

You are definitely on a contractual post created for a period with a special job description and there may not be a similar post in the government as of now.

Therefore your post cannot be made regular or permanent and you cannot be regularised on a permanent post particularly because you are on a contractual relation with the government and the government ceases to have any responsibility once the contract comes an end.

There has been a practice to regularise the provisionally selected and appointed employees who have been working against any substantive posts till 2006.

In 2006 the Supreme Court declared that regularising a temporary employee against a substantive post and making them permanent post holders is a practice that do not go well with the constitutional scheme of appointment and it was a backdoor scheme of appointment which need to be stopped after settling all existing issues with the next six months.

Please see the judgment in the case Secretary, State Of Karnataka And ... vs Umadevi & Others, decided on 10 April, 2006 by the SC. It is available on Indian Kanoon.




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