Regularization of contractual service
I am working as contract faculty with Institute of Hotel Management under ministry of tourism government of India. My first contract was of two years. Then I did not get my contract renewed. After a gap of 10 months i got 1 yr contract, then again 1 yr contract without any break, after completion i got 1yr contract after 2 days break but i took classes and paid by voucher, my present contract is of 11 months which i got after one day service break....overall i have 5 years experience with this institute...i applied for regular post, qualified written exam got 3rd rank (46/80)among OBC, 1st rank holder got selected for unreserved post ,2nd rank holder was absent, but last rank holder(40/80) got selected for the post, after interview (20 marks), i was not well on the day of interview becsuse i had cesarian section 3days before. can i challenge the interview and can i claim for reguralization of service on the basis of 5 years service, which law is followed for contractual staff
Asked 2 years ago in Labour from Patna, Bihar
Did you inform the interview authorities about your operation? If not then you cannot claim that no opprtunity was. Given to you for that in interview. You must first find out the discrimination meted out to you and how that has caused any prejudice. It is not the fault of the authorities that you did not present yourself for the interview.
I was present for the interview and informed about my operation
Asked 2 years ago
You are alleging that you received less marks in your interview due to you being unwell?
1) You can take advantage of the experience you have had albeit with breaks in between the contracts.
2) If you have given written intimation to the authorities and presented yourself for interview you have a case to challenge the appointment of the other lesser qualified candidate.
3) Move a Writ petition before the High court challenging the appointment and seek directions from the court regarding regularisation of your employment in the circumstances.
1. You should certainly approach high court for an order of writ as you are eligible on the basis of your experience and it is almost inhuman act and impossible to understand you were asked attend an interview in three days of your Cesarean .
2. you should file a writ petition challenging the interview , since you have qualified in the written exam and the appointment and ask for directions from the court to regularize your post.
I informed college principal (one of the member of selection committe) through SMS about my operation and he replied also...while giving my introduction I informed other members of the committe also about my condition.....Earlier while giving application for contract renewal when i informed about my 20 weeks pregnancy in writing, i was asked to give fitness certificate to get my contract renewed
I had cesarean on 11th Jan evening (same day informed college principal about my operation and baby through SMS & got the reply also, next day my husband requested pricipal over phone to postponed the written exam and interview but he said its not possible)
Appeared and qualified written on 15th Jan
interview was scheduled on 16th but on that day candidates were informed that interview is postpond for 17th
Asked 2 years ago
It is advisable that you move a writ petition before HC seeking regularisation of your service. Contact a lawyer and he would include all the details required in the writ petitin with all the particulars of the same.
1. You were in contractual employment with regular breaks,
2. You can not claim permanent employment for your said contractual employment,
3. A candidate is recruited based on summation of his/her marks obtained both in written rests and interviewss,
4. Your competetor has scored above you in total marks to bag the said employment,
5. Your sickness on the day of interview will not give you any concession or grace mark in getting marks,
6. You may file Writ Petition and take a chance if you have enough financial and litigating power.
1. For your having "cesarian section 3days before", you can not challenge the interview,
2. There is no rule that a sick candidate shall have to be interviewed only when he/she recovers from sickness.
What is the future of contractual faculty then? I was waiting for this vacancy from 4 years and next time can not apply due to overage. Thats why I asked if there is any law related to reguralization of contractual employement. I took normal classes during service break then how can it be BREAK?
Asked 2 years ago
1. There is no law which stipulates confirmation of contractual employees with breaks,
2. To avoid legal stipulation for confirming casual employees working at a stretch for a long time, employers purposely engage contractual employees and break contractual periods,
3. You might take classes during service break but on record there was no contract with you during those broken periods.