Seniority issue between contract and regular appointees
manav
(Querist) 11 May 2016
This query is : Resolved
Persons selected for post on contract didn't get required marks in written and interview as per policy of recruitment. 50 marks were required but no body got more than 41 marks. Also they were regularised just after one year. We were regularly appointed after three months of their regularization. Can we claim and will be granted seniority above them.
manav
(Querist) 12 May 2016
Thankyou sir, but that is what I want to know that they got regularised 3 months before we joined as regular employees. But they were regularised in one year against state policy of 8 years for regularization of contract employees while they did not even qualified for post on contract. So in face of these conditions can we claim for seniority above them.
Kumar Doab
(Expert) 12 May 2016
You have posted that:
"they got regularised 3 months before we joined as regular employees"
On this count they are senior.
Other points are probably irregularity, in appointment/regularization.
The other thread by you is at:
http://www.lawyersclubindia.com/forum/Seniority-dispute-b-w-contract-regular-appointed-employee-136915.asp#.VzQzZdJ97IU
Is it the same matter?
manav
(Querist) 12 May 2016
Yes sir, it is the same matter. I am thinking if they are senior before law, despite of all the irregularities, then should not waste time and energy in courts.
P. Venu
(Expert) 12 May 2016
It appears from your query that a special test was conducted to regularise the contract employees; but none of them could secure the required qualifying marks. Still then, a one-time relaxation was given and they were given regular appointment. And you were appointed on regular basis 3 months after they were appointed.
If so, you rank junior to them; their inter-se seniority would be based on the marks obtained in the qualifying test.
manav
(Querist) 12 May 2016
Sir qualifying marks I wrote about are the marks on the basis of which they were given appointment on contract. So the one time relaxation (if that could be given in selection of candidates) was already given. There were interviews conducted for assessing there performances for continuing there contract, but no special test was conducted. Also department treated the first year of contract as probation. Whereas policy clearly mentions that probation will be for those who are regular roll of department. Again there were people whose so called probation were extended. But one thing I cannot comprehend that how those who are not eligible to be appointed as engineers on contract basis at first instance, and then regularised without any special test, that too just after one year can be placed higher in seniority, despite of all the irregularities I have mentioned in forum.
Rajendra K Goyal
(Expert) 12 May 2016
Seniority would be counted from date of regular joining till there exist no seniority benefit in service conditions for contract period.
P. Venu
(Expert) 12 May 2016
No further suggestion is possible unless the basic documents are perused.
Kumar Doab
(Expert) 13 May 2016
If they are installed by irregularities/illegalities then you may stand a chance.
Agreed that all basic documents should be pursued.
manav
(Querist) 13 May 2016
sir where to upload documents here
manav
(Querist) 13 May 2016
sir where to upload docs
Kumar Doab
(Expert) 13 May 2016
The option of attachment is not provided in Experts Section by admin of LCI.
