mukesh kumar sharma (Associat Professor) 26 October 2014

Regarding regularization of contractual service

I am working as an associate professor in an autonomous institute of Delhi Govt. which is fully funded by govt.

I am working on contract basis since last four years without any break and with annual incermants, now they are making my salary consolidate, can i claim for regularization.

After four years they are also informing that my post is not sanctioned.

can i get any relief from the Court.

While post was advertised in the national newspapers, whithout mentioning that this is sanctioned or not and a complete procedure was made for recruitment.

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5 Replies

BHUWAN RAJ 09839268489 (lawyer) 26 October 2014

No 2006 supreme crt three judges is against u. A contract employee cannot claim regularization as a right. Ad hoc is always an adhoc. However if any junior to u is regularized instead u then u can challenge the same on account of pick nd choose policy nd hence is arbitrary nd hit by article 14 of the constitution of india. Regards Bhuwan raj, adv. Cell 09839268489.

BHUWAN RAJ 09839268489 (lawyer) 26 October 2014

mukesh kumar sharma (Associat Professor) 26 October 2014

Thanks mr. Bhuwan , in my institute a regular appointment was made on a post which was technically unsanctioned on the day of appointment.

Moreover the Delhi Govt. has regularized many contractual doctors in 2010.

can Hon,ble Supreme courts Civil Appeal No. 1059 of 2005 , decision on august 7, 2013 and Hon,ble delhi high court decision date november 06/2013, W.P. (C) 6798/2002 be useful for me.

And delhi govt. has also made a cabinate decision also to regularise some employees equally cader to me also

T. Kalaiselvan, Advocate (Advocate) 29 October 2014

It is better you consult a local service law practicing lawyer, if you have not done so far, take his advise and proceed legally if you see that the chances are brighter towards this option.