Krishna (Engineer) 03 July 2012

Eligibility for regularization

I have been working in a quasi government organization since 09/2005. Initially my appointment was on a contract basis with consolidated pay. Later on 05/2007 I got selection to a temperory posts(but on roles) in the same organization. On 12/2007 I got selction to the grade based contract for five years in the scale of pay( 8000 basic in the old scale, later changed to new scale with 5400 grade pay). Upon completion of 3 yers I had been called for a promotion interview based on my ACR(Annual confidential Report). I passed the interview and promoted to 6600 Grade pay from 1/2011. Here am I eligible for permanancy ? or what is the eligibility for permanancy here?

Thanks & Regards

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2 Replies

Hemang (Advocate) 05 July 2012

[An employee, who is taken up on contractual terms without undergoing the "process of recruitment" cannot claim permanency as said by the Supreme Court. The Government is not obliged to regularize those candidates, who were taken up on contract basis. The employee, who is so appointed can be replaced when the regular UPSC or interviewed candidate is made available.

"Confirmation in service" is a mere chance. ]

However, please clarify as to whether the "initial appointment" so made was on pick and choose basis, or after the selection and or recruitment procedure?

Hemang (Advocate) 05 July 2012

"Confirmation in service" is a mere chance. ]

However, please clarify as to whether the "initial appointment" so made was on pick and choose basis, or after the selection and or recruitment procedure? The reason is that if the appointment is not made after following the said process, the initial appointment is void from the inception and employee cannot assert the right.