• 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.
Shaveta Chaudhary (Sanghi)
Advocate, Chandigarh
821 Answers
60 Consultations
5.0 on 5.0
You are alleging that you received less marks in your interview due to you being unwell?
Shaveta Chaudhary (Sanghi)
Advocate, Chandigarh
821 Answers
60 Consultations
5.0 on 5.0
Hello,
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.
S J Mathew
Advocate, Mumbai
1954 Answers
65 Consultations
5.0 on 5.0
Hi,
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.
Thresiamma G. Mathew
Advocate, Mumbai
1316 Answers
85 Consultations
5.0 on 5.0
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.
Shaveta Chaudhary (Sanghi)
Advocate, Chandigarh
821 Answers
60 Consultations
5.0 on 5.0
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.
Krishna Kishore Ganguly
Advocate, Kolkata
12143 Answers
233 Consultations
5.0 on 5.0
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.
Krishna Kishore Ganguly
Advocate, Kolkata
12143 Answers
233 Consultations
5.0 on 5.0
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.
Krishna Kishore Ganguly
Advocate, Kolkata
12143 Answers
233 Consultations
5.0 on 5.0

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