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Extension of period of contract

(Querist) 29 January 2013 This query is : Resolved 
Appointed on contract basis by a nationalised bank as direrctor of training Institute run under scheme of govt of India.12 months contract period completed on 18.12.2012.For taking decision on extension of the tenure of individual directors their performance appraisals were to be submitted by the Regionalmanagers with comments to the head office before 18.12.2012 but due to delay submission extension has yet not been granted but under process.Please advise in this circumstances whether extension with back dated effect will be valid or the same would be treated as fresh recruitment which requires complience of rules regarding fresh recruitment like advertisement of vacancy,interview etc.
No. 2 -In above appointment elligibility criteria was 'retired bank officers under /upto 65 yrs age'.period of contract 12 months extendeble on management discretion.
Now,at the time of extension of tenure management considering only those who are not above 65 yrs.Is it not an abuse of discretion ? How it is logical & justified that a man appointed at 65 yrs age would remain of 65 yrs after serving for 12 months.Such criteria was never been intimated at the time of appointment or on any later date.Please advise whether legal remedy is available to those who are denied extension only on such age criteria.
Sudhir Kumar, Advocate (Expert) 03 February 2013
Action of Bank appears to be within guidelines.


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