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Sabyasachi Ghosh (DEO B)     15 September 2017

retrospective regularisation of contractual employees

Sabyasachi Ghosh:
Temporary on contract basis appointments ware given after obtaining name from employment exchange and following the regular process of selection. Initially the appointments where for 6 months but continued for 20 years uninterruptedly. Appointment was against the vacancies created by the adhoc promotion of existing regular employees to the higher posts who enjoyed their promotion till their retirement. The contractual appointment, said above, was with pay scale and increment. The question is, whether such appointments, as per rule, in such a sanctioned vacancies, can be regularised retrospectively?

Please send links of related cases from High Court and Supreme Court


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 2 Replies

G.L.N. Prasad (Retired employee.)     16 September 2017

Convert your issue as grievance and post the same to DOPT through pgportal.  The information received by them gives authenticity.

1 Like

Sabyasachi Ghosh (DEO B)     16 September 2017

Thanks. Our case is in High Court, Calcutta. It is a rare case where contractual appointments were given after proper selection process. As per the definition in Umadevi case, this appointment is not illegal even not irregular rather regular. Please send me case references where temporary appointment as per Rule in a sanction vacant post can be regularized retrospectively. I am sending my query to DoPT. Thanks again.

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