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Pay protection with regularisation

(Querist) 11 December 2023 This query is : Resolved 
Hello Sir/Mam
My name is Purno and I have been working as contractual teacher under SSA, Assam since 2013 and we are receving a sallary on ROP since 2013 with annual increment, so far we 10th increment have had been added in our sallary. Now the Govt. has given us the option to get 1) regular as a fresh candidates where our sallary will start from beggining. 2) As a contractual teachers just like at present we are.

Now my question is that how can we get regular with pay protection. Are we eligible for it? and how is it possible to get regular with pay protection? Pls advice us.

Thank you.
Sudhir Kumar, Advocate (Expert) 11 December 2023
snce you are contract employees (as appearing from your description) you were never recruited.

Now you are being recruited (apparently as a concession) the salary will start from beginning.

later you can move to labour court and try restoration.
T. Kalaiselvan, Advocate Online (Expert) 11 December 2023
The advise given by expert Mr Sudhir Kumar Advocate appears to be proper and perfect, you may follow it if you do not have any difference of opinion.
Purno Prasad Sharma (Querist) 11 December 2023
Sir
Conferred to Section 38 of the RTE Act followed by State RTE Rules 2011 in pursuance of RTE Act 2009 we teachers have been recruited on contractual basis under State Project Directorate by following Section 23(2) and other service rules of the State by maintaining constitutional mandates etc and similarly drawing Salary as per ROP since 2013. Now the government decided to regularise our service from now. Seeking retrospective effect in order to retain seniority and protect our last pay will be possible through court ?
Purno Prasad Sharma (Querist) 11 December 2023
Moreover in 2020, Govt. has guaranteed our service upto the age of 60years on contracual basis which they termed as partly regular (pray niyomiya).
kavksatyanarayana (Expert) 11 December 2023
All service matters including appointments and regularisation of employees working under the Sarva Shiksha Abhiyan (SSA) are decided by the respective State Governments. It has been informed that the Himachal Pradesh School Education Society (HPSES) employees had filed writ petitions in the Hon'ble High Court of Himachal Pradesh vide CWP No.6275 and 1497 of 2012 for regularization of their services on completion of 8 years of continuous service in the society and these writ petitions were allowed and respondents were directed to regularize the services from the date of completion of the 8 years of services with all consequential benefits. So check your state portal.
T. Kalaiselvan, Advocate Online (Expert) 12 December 2023
If you are so much anxious about the development and aggrieved, you can collect the like minded people and take recourse to legal action through high court for remedy and relief.


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