I am working as Guide Lecturer in Keralam Museum, Thiruvananthapuram registered as a society under the Travancore-Cochin Literary, Scientific and Charitable Societies Registration Act of 1955, since March 15th 2011 on consolidated wage basis (not on contract or a daily wage basis) for nearly 7 Years of continuous service, I receive payment of Rs. 16,500/- as salary per month via bank and receives 12 casual leave per year and also payment for public holidays. I am occupying a post sanctioned by Govt of Kerala by its G.O, subject to condition that no grant or loans will be provided to the institution. I am fully qualified for the post having M.A in History , M.Phil in History and M.S office. I do possess a experience certificate issued by the institution and copies of salary proceeding stating my tenure and nature of the job. So can I claim permanency to the post.
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1. Yes,you must file a writ petition for regualirsaation of your job.
2. Youa re entiled to equal pay for equal work also.
3.in the given circumstances the principle of ' Legitimate Expectation' squarely applies in your case.
4.So do not waste time anymore.Send a detailed representation for regularisation and on its refusal file a writ petition in high court.
Meer a good lawyer who practices in constitutional matters in high court. You have a good case.
All the best.
Mere long continuance whether under interim orders passed by various courts, tribunals or otherwise does not
confer any right Mere long continuance whether under the protection of interim orders passed by the courts, tribunals
or even otherwise confers no right on temporary employees to claim regularization.
2) No directions for regularisations, fixing pay scale, continuation in service, promotion, etc. shall be given by the
courts as these are executive functions It is now well settled that it is not for the court to issue direction to the State as to how the selection process should be, it is for the State to consider as to how to streamline the selection procedure, the court can only examine as to whether the procedure for selection as adopted by the Government is unconstitutional or otherwise illegal or vitiated by arbitrariness or mala fides
You must look for the rues that which may entitle you to be absorbed as permanent employee.
It is not necessary that you should be absorbed just because you have put 7 years of service.
You should ensure that you are possessing qualifying service for the post and also meet all criteria for getting absorbed as permanent employee.
