Regularization of Contractual Staff

Vijay Kumar (Querist) 02 November 2010 This query is : Resolved
A.P.P.s working on contractual basis for past 4 years are demanding to be regularized.

Whether it would be sustainable in the eyes of law?

My view is that regular posts can be filled only through advertising the open recruitment.

Am I rigjht? Kindly advice.

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Devajyoti Barman (Expert) 02 November 2010
If the Govt of the particular state provides for such service on ad hoc basis by any special notification or legislation then there is no illegality in it.

Vijay Kumar (Querist) 02 November 2010
Sir, First appointing the employee on contract basis;

Then without holding an open test/competition,conferment upon him the status of REGULAR

Does it not amount to BACK DOOR ENTRY?

Regards.

s.subramanian (Expert) 03 November 2010
You are right Mr.Vijay. In such appointments made under CR.P.C. it has done as mandated by law. The intial appointment is temporary since it is contractual. If a regular appointment is to be made,it has to be done only in the manner noted by you. There cannot be any deviation from that process.

adv. rajeev ( rajoo ) (Expert) 03 November 2010
In my opinion it is illegal because it is an arrangement made by appointing on contract basis.

Kirti Kar Tripathi (Expert) 03 November 2010
such appointment of APP on contract basis is absolutely illegal and can be challenged under the law as this job is related with the functioning of the judicial system , which is the sovereign function of State and last for ever. This against the fundamental policy of employment of the people on contract basis.

Guest (Expert) 03 November 2010
KINDLY NOTE THAT ANY APPOINTMENT ON CONTRACT BASIS IS FOR THE SPECIFIC PERIOD ONLY.ONCE CONTRACT PERIOD IS OVER UNLESS THE CONTRACT IS RENEWED THE EMPLOYEE CAN NOT MAKE ANY CLAIM.EMPLOYER MAY CONSIDER HIS EXPERIENCE FOR REGULAR POSTS AS AND WHEN ARISES AND BY APPLYING STANDARD PROCEDURE.PLEASE NOTE.GOOD LUCK.

Guest (Expert) 03 November 2010
you are absolultely correct, in the light of hon'ble Supreme Court verdict in Uma Devi Vs. State of karnataka. Perpetually extending contractual periods in the permanent jobs violate reservation policy. Their regularisation causes back door entry policy and also violates reservation policy. Hence, recruitment shall be done in accordance with the rules and contract in jobs shall not be allowed permanently. For that one can invoke writ jurisdiction.

Kirti Kar Tripathi (Expert) 04 November 2010
My opinion is not based only on the legality of the contractual appointment. whether the appointment on the post which are directly related with the sovereign function of the State on contract basis is legal is question is also important. Hon'ble Supreme Court in UPSEB Versus Puran Chand Pandey specifically held that judgment of Umamadevi can not be applied mechanically in every case. thee fact and circumstances of each case differs from others.

Vijay Kumar (Querist) 09 November 2010
Respected sirs

One more thing is there.With the regularisation of contracual APPs, all other persons are unjustifiably deprived who were otherwise but not inclined to join an insecure one year contract job.

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