Procedure to claim regularization after continuous service.
Shashank Pandey
(Querist) 08 February 2018
This query is : Resolved
Dear Experts,
I was appointed as a laboratory assistant in a state government university. Initially, I was appointed for 11 months or until regular appointment whichever earlier. After that, again my contract was renewed and subsequently, I was appointed for complete 1 year i.e. 12 months or until regular appointment whichever earlier. I am not appointed in any government project or temporary scheme and my work is of regular and permanent nature. Also I'm appointed in a post which is sanctioned, vacant and regular post in the department. Also, I was selected by proper selection i.e. on merit basis after scrutiny by executive council of the university at state level and the same method is followed for selecting regular candidates. Now, I'm well aware that after competing 12 months I will gain continuous service as per the Industrial Disputes Act, 1947 but nothing is mentioned in the act for claiming regularization after continuous service. What should be the ideal procedure for this?
Guest
(Expert) 09 February 2018
No procedure to claim regularization, as a matter of right. All depends upon the pleasure of the employer. You can only make request through application for sympathetic consideration of the competent authority.
Shashank Pandey
(Querist) 09 February 2018
Dear Sir,
Thank You for the valuable advice.
But if the employer denies, can I approach labor court because not only one but multiple posts are vacant and it is not being filled and I'm working as a regular staff and my responsibilities are even more than the regular staff. Secondly, legitimate expectation cannot apply as I was aware that I was joining in a temporary position but then, I came to know that a regular post is camouflaged by means of contract. It is not at all a temporary position. So, can the legitimate expectation apply? Lastly, in the rules laid by the state government for Contractual Appointments, it is mentioned that only posts sanctioned as contract appointment posts can be filled up by means of public advertisement. But, as I mentioned this post is not sanctioned as contract post at all and actually, its a regular sanctioned vacant post and I have proof of this. Should this contract be considered a sham contract? If yes, then will I get the benefit?
Guest
(Expert) 09 February 2018
No guess work can be possible without examination of the case related documents as well as the ruling position/ state's orders on the issue. So, better discuss the issue in detail with reference to your appointment letters and the copies of state's ruling with some local lawyer for advice.
However, being on contractual position, possibility of your regularisation on the post with legal battle seems to be bleak.
Shashank Pandey
(Querist) 10 February 2018
Thank you sir for valuable information. I will try my best to convince the competent authority. That seems to be more effective in this senario.
Guest
(Expert) 10 February 2018
You are welcome Mr. Shashank.
Dr J C Vashista
(Expert) 11 February 2018
If you have completed 240 days continuous contractual appointment, apply for regular permanent job against existing vacancy.
Shashank Pandey
(Querist) 11 February 2018
Dear Dr. Vashista, thank you for the reply. I will do the same as I have completed 240 days of continuous service in appointment of one complete year. However, in the last year I completed 240+ days of service in 11 months. Will that year count as continuous service as well?
