appointment & retrencment from service
ambika.S
(Querist) 10 December 2010
This query is : Resolved
Five persons were appointed by the Man power consultancy to serve in a Corporation/public undertaking concern. Later on after the Managing director retired from his service voluntarily regularised the services of the above said five person for the post of Catergory C & D as appointment for the back log vacancies for SC & ST person. The said members are his own family members who were on a contract service. By applying Umadevi's case the Govt has directed to cancel the appointment on various grounds a. that action of Managing Director is not according to KCS rules 2002, b. the appointment date is after the term of services as contractual employees, c. no interview was conducted nor their was appointment against the qualification specified by rules,d. Board members had not assented for the regularisation of appointment.
The said five person has challenged the action of the Corporation in Writ petition. An interim Stay is granted after 4 months of cancellation.
In the mean time the SC & ST commissioner has issued an Order directing now Managing Director to pay the salaries equal to the regular employees.
I want to know that action of the Commissioner is legal? If not what is the remedy?
Kirti Kar Tripathi
(Expert) 11 December 2010
i disagree, the employee are on stay, thus they are well in employment and to pay the salary as equal to regular employee does not mean that their services are regularized. however, the payment of salary equal to regular employees is well within the priciple of equal wages for equal work.
Ajay Bansal
(Expert) 11 December 2010
SEE A.I.R. MAMUAL.
Ajay Bansal
(Expert) 11 December 2010
RULINGS ARE OF BOTH SIDES.
