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manav (Manager)     10 May 2016

Seniority dispute b/w contract-regular appointed employee

In a state owned PSU there were 56 sanctioned posts of Engineers (Class-I) for direct recruitment. The State PSU appointed engineers on Contract basis through direct recruitment departmentally. 26 posts were filled against 15 advertised posts in September 2008 and similarly 11 posts were filled against 10 advertised posts in June 2009. 50% of recruitment was made on batch-wise basis.

In between 12 posts for engineers on regular basis for batch-wise recruitment were advertised in March 2009. But following a writ petition, High-court directed to withdraw the advertisement and ordered to fill these posts through Public service commission.

State PSU sent requisition to Public Service Commission for 25 posts of engineers in July 2009 and advertisement was published in October 2009. 14 regular appointed engineers joined in March 2010.

The services of all the contract employees were regularized after 1 year from the date of their joining on contract basis against the state policy of 8 years. 26 engineers were regularized in October – November 2009 i.e. 4-5 months before joining of 14 regular engineers. 11 engineers on contract were regularized in June 2010 i.e. 3 months after joining of 14 regular engineers.

Following are some facts about all the engineers appointed on contract, regularized after 1 year:

  1. All of them do not fulfill the criteria of 50% (written + interview) marks required for empanelment for final selection. (mark sheets procured through RTI)
  2. No reservation policy was followed. Out of 37 total posts 32 posts were filled by General candidates. This is evident from seniority list.
  3. In advertisements for posts to be filled on contract basis, it is nowhere written that these posts are likely to be /will be regularized after one year.
  4. In requisition sent to employment exchange by State PSU, requirement is shown for Engineers Class-II on contract basis, while the post they are officiating after regularization is for Class-I.
  5. State policy to regularize contractual employee was after 8 years of service in 2009-2010.  

When seniority list was finalized all the26 + 11 = 37 contractual engineers regularized after one year were shown senior to regular appointed engineers.

I want to ask, that can these contract employees be placed higher in seniority list to those who are appointed on regular basis through Public Service Commission.       



Learning

 3 Replies

Kumar Doab (FIN)     10 May 2016

It is another classical case how the power that can be, is abused.

On the face of it: apparently the answer seems to be: NO, ONLY NO, NOTHING BUT A BIG NO...........................

 

Mark these words::::::::::::::::One day the courts of law shall be burdened to FIX THIS MESS.

manav (Manager)     11 May 2016

That is very encouraging sir, thankyou. we have filed case but it seems it will take a lot of time for final verdict and also our case got transfered to administrative tribunal. In between the promotions are due. will you please suggest any remedies fasten up the process 

Kumar Doab (FIN)     11 May 2016

Look into court rules.

Service matters are given priority.


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