Saurabh (Group A) 06 February 2014

Rules for regularization contractual appointment in govt.

Dear Members,

I am working in Central Govt. Department Since 2009-10 on contract bases in Group A service. Post was created as Plan Post in 11th plan and was up to 2012 thereafter renewal is given for each year from April 1 to March 31. The recruitment was made through defined selection process ( Ad, Shortlisting, Interview etc.)as defined in RR for regular employees. I have herd that the position is approved till 2017.

However being Contractual appointment, there is no scope of promotions and other such avenues as given to regular employees, eligebelity Age is also passing, the contractual service will also not be counted for higher position pay protection etc.

In this regard, I want to know

1. Any provisions for regularization of such services ( precedences/ case law/ CAT judgment etc.)

2. What should be the plea in such cases.

3. Is it advisable to approach court first.

Thanks

Reply Follow

3 Replies

Sudhir Kumar, Advocate (Advocate) 08 February 2014

SUCH LIKE REGULARISATION IS POSSIBLE UNDER GP-DPOSTS.

THIS TYPE OF REGULARISATION IS BACKDOOR ENTRY AND FORBIDDEN AS PER SUPREME COURT GUIDELINES IN Uma Devi case

Saurabh (Group A) 10 February 2014

Dear Sudhir Sir,

Thanks for your reply. I tried to study few cases and one common interpretation is the procedures laid down by Govt. or its institutions for recruitment.

I would like to highlight in my case that:

1. Advertisements were published in Employment news/ other newspapers and Organization website.

2. Selection was made through proper screening, shortlisting and interviews. Appointment was notified in Official Gazettee Part 1 sec 2.

3. Getting all the benifits/ pay / increment/ etc.

4. Only thing is the term is fixed i.e. up to 12th plan period (2017).

Offline discussions in my office say there is substance in case but I dont know how to go about.

Kindly advice.