Service law
lalremsanga
(Querist) 07 April 2012
This query is : Resolved
X is appointed as a contract tutor in nursing college after passing through written exam & interview in 2004. She is entitled to regularisation after 5 years continuous service. But in 2008, a new rule was enacted by the health deptt demanding that a representative of DP & AR deptt should be present at the time of selection. This particular provision prevents the regularisation of X employment as the said provision was not included in the rule at the time of her appoinment in 2004. What are the remedies available for X? Is there any supreme court ruling which prevents ex post facto law from operation in service matter? Kindly help.
Sudhir Kumar, Advocate
(Expert) 07 April 2012
Your case is not well understood.
Is it a Govt college?
If so whether of centre or state Govt?
Whether autonomous body, whether under central or state Govt?
What are the recruitment rules of the post on which the regularisation is sought (if it is not private college)?
How the provision relating to change of selection board by inclusion of the rept of DP&AR itself can change the conditions?
Are there any other changes made?
In case the recruitment rules are changed whether the person is staking claim on a vacancy arising before or after change.
lalremsanga
(Querist) 07 April 2012
yes, it is a state govt. college. It is not autonomous, it is under Health & Family welfare Department. Recruitment was done by the said Deptt. The only changes made in the rule was that "representative from DP & AR Department should be present" was included in 2008, which was not there in 2004. X regularisation was prevented at present because representative of DP & AR were not present at the time of her selction in 2004 as the provision "representative from DP & AR Department should be present" was not inserted in 2004. It was inserted in the rules only in 2008.
Raj Kumar Makkad
(Expert) 07 April 2012
The terms and conditions prevalent at the time of your appointment have to be taken into consideration while regularizing you in the service of State.
You should serve a legal notice to the department to regularise your service failing which file a writ before High Court.
Sudhir Kumar, Advocate
(Expert) 08 April 2012
So it is not a case of denial of regularisation. the case is that merely meeting could not be held due to absence of one member.
at this stage you hav eno cause of action against non-regularisation.
You have stated that "only changes made in the rule was ......" so it can be presumed that you hve perused both pre-change and post-change rules.
