Regularization to Contractual Lecturership.
JAYANTA KUMAR DAS
(Querist) 18 April 2011
This query is : Resolved
Query :
I am a Contractual Lecturer in Electrical Engineering at a Diploma Engineering College (State Govt. Institute)under Dept. of Technical Education & Training, West Bengal. The "renewal" of every Contracts of 06 (six) months after an artificial gaps of 02/03/04 days are there. I am there since 11.11.2003 continuously in this way. I am also given the duty of the Head of the Electrical Engineering Department in spite of presence of "regular" Lecturers present in the said department. Can I claim "regularization" of my job ? and how ? I am 01st(first) Class in B.Tech. in Electrical Engineering. This "Post" is Gr.A of State Govt. Service.
Sir/madam, please do answer to my this query.
M.Sheik Mohammed Ali
(Expert) 18 April 2011
you can send a letter what you said in particular dept and higher authority and education minister, UGC dept, also.
Srajadvo460
(Expert) 18 April 2011
Sir, your query lacks all the required details but from the details above, it seems you can invoke the provisions provided under section 5(3) of the West Bengal College Teachers (Security of Service) Act, 1975, extracted hereunder:
"Provided that if on completion of the period of probation of a teacher
no such order of confirmation is passed and communicated within a period
of two months of the completion of the period of probation, the teacher
shall he deemed to have been confirmed with effect from the date of his
appointment on probation."
Kindly go through the act and provide the required details for further clarification.
Kirti Kar Tripathi
(Expert) 20 April 2011
An contractual employee does not have rny lien on post. He is entitled for employment till the date stipulated in the contract. No employee has a right to be regularize unless there exist any scheme of employer regulation the services of employees. The length of service rendered as contractual employee has no relevance in the absence of any scheme. So in case, there exists any scheme, you can get benefit of said scheme.
JAYANTA KUMAR DAS
(Querist) 30 April 2011
Respected Sir / Madam,
At first I thank the expert personalities who attended my query and gave some guidance. In continuation to my earlier query, I want to supply more information in details. In March, 2001, 212 nos. of adhoc lecturers (similar to my contractual status) in different disciplines were regularized without appearing in the interview by Public Service Commission (PSC), West Bengal. I did join on 11.11.2003 as a Contractual (Full Time) Lecturer in Electrical Engineering in BPC Institute of Technology, Krishnagar- 741101. It is a Govt. Diploma Engineering College of Govt. of West Bengal under Department of Technical Education & Training, West Bengal. It has no connection with UGC. But it is duly recognized by All India Council for Technical Education i.e. AICTE and Diploma in Engineering is awarded by “West Bengal State Council of Technical Education”.
Those 212 nos. of adhoc Lecturers of the same Colleges of the same Dept., were not interviewed (true news and the said department could not reply to the RTI application) even at the time of entering as adhoc Lecturers. Only GOD knows about their recruitment criteria. Many of them were regularized even well before completion of 02 years after joining as adhoc lecturers and also few of them had no minimum percentage of marks as specified by AICTE (so it is illegal appointment) for those posts. But myself along with many others were properly interviewed by an Expert Interview Committee which was equivalent to PSC before the recruitment as Contractual Lecturers. Also our interview was done after collection of applications against open advertisement in different Class I newspapers. After screening of applications interview letters were issued. Our posts are “Group 1 Gazetted Officer” in West Bengal General Service. Also we are recruited against “Permanent Sanctioned Posts”. West Bengal Service Rules (WBSR) - Part 1 says 03 years’ continuation with success as temporary employee will be regularized. It also says that any appointment may not be through PSC, but with proper interview after open advertisement for the recruitment in different class- 1 newspapers, cannot be said as “Back Door” entry and “illegal” selection. So this “irregular” but “not illegal” recruitment can be regularized. AICTE also agrees with this process of recruitment procedure. This is also supported by the Judgement of the Hon’ble Supreme Court in famous “Umadevi” Case. The judgement delivered on 10.4.2006. This judgement also said about the regularization of such “irregular but not illegal” posts as one time relief to existing temporary employees before any regular recruitment. After this 10.4.2006 no regularization was done in our department. Also in a regular selection in 2006, no necessary age relaxation and due weightage of experience in those posts were offered to those Contractual Lecturers which is contrary to “Umadevi” verdict.
I am still continuing. The Department of Technical Education and Training is renewing / extending our contract for 06 months after keeping gaps of 02/03/04 days after every renewal. I want to mention here that according to the judgement on April 22, 2009 of the Hon’ble Supreme Court in Case No. CIVIL APPEAL NO.7922 OF 2002, those types of terminations and re-appointments are illegal. Also in article 25E of Industrial Dispute Act, 1947, it had been stated that “a minimum of 120 days’ work in every 06 months – is the definition of “continuous job” which we satisfy. In the judgement of Civil Appeal Nos. 4256-4257 of 2010, the Hon’ble Supreme Court had said the places where regularization can be done. We also satisfy those. In 2008, allied Department of Technical Education for Degree Engineering Colleges, had regularised its 32 nos. of adhoc / contractual Lecturers with minimum eligible qualifications but with few are over-aged. Also, many departments of Government of West Bengal had regularized their different temporary employees since 2006.
Please do advice me suitably. Should I proceed to State Administrative Tribunal for Regularization ?
Regards.
JAYANTA KUMAR DAS. 30.4.2011. E_mail Id : jayantaloknath@live.com.
