• Renewal of contract appointment

Dear Sir, This is Jitendra Kumar working as Assistant Professor (On contract) since Nov 2013 in the Department of mechanical engineering in DCE Darbhanga under Department of Science and Technology , Bihar. I was appointed through proper selection process like open competitive written examination on sanctioned vacant post with following the reservation rules. 
*My contract period of one year ended on 21 Oct 17 and it is under renewal process till now. At an end of every extension department used to take two to three months in the renewal of contract which causes severe socioeconomic harassment. Is it legal to take such huge period for renewal of contract?
* Can I move for regularisation as per above mentioned selection process and three and half year experiences ( not continuous) as per Uma Devi Judgement?
Warm Regard
Jitendra Kumar
Email: [deleted]
Asked 6 years ago in Civil Law

2 answers received in 1 hour.

Lawyers are available now to answer your questions.

16 Answers

For such post where the beginning the employee is kept on contract basis, such university or organization has their own set of rules and regulations or the act of the university from which the college is affiliated to.

There are many judgements favouring you but the actually contract basis in those cases had a longer time period and selection by university is done by the Act which it follows.

You should write a letter to the high officials narrating your problem and then go for legal notice

As going against them will make ur bad face to the college

Amol Chitravanshi
Advocate, Delhi
279 Answers
1 Consultation

4.0 on 5.0

Well, since the appointment was made agaisnt the sanctioned vacant post after due process of selection, regularisation in the job becomes your legal right under the rule of 'Legitimate Expectation'.

So after one or two more extensions you can seek constitutional protection of right of livelihood on the principle of Legitimate Expectation can file file a writ petition in high court under Article 226 seeking issuance of writ of Mandamus on the line sated above.

Since your appointment seems to have been made only a couple of years back i would advise you to wait another year ot two beofre seeking the writ remedy as advised above,

Devajyoti Barman
Advocate, Kolkata
22868 Answers
492 Consultations

5.0 on 5.0

The employer deliberately renews contract after break of 3 months or so

The reason being they don’t want you to claim that because of continuity of service you should be regularised

Ajay Sethi
Advocate, Mumbai
94917 Answers
7571 Consultations

5.0 on 5.0

It is not illegal to take time of 3 months for regularisation

Ajay Sethi
Advocate, Mumbai
94917 Answers
7571 Consultations

5.0 on 5.0

Supreme Court in the case of Umadevi (supra) has made categorical observations that no policy can be framed by the executive for regularization of contractual employees or casual employees inasmuch as public employment can only be done if there are vacancies in the sanctioned posts and duly qualified persons are appointed through an open recruitment process.

2) once the contractual employment is sought for through such specific advertisement for contractual appointments, the contractual employees cannot seek regularization inasmuch as otherwise this will amount to fraud on the common citizens of this country and the common citizens being such candidates who would not have applied for appointments to the contractual posts and instead waited for advertisements in permanent posts of an employ

Ajay Sethi
Advocate, Mumbai
94917 Answers
7571 Consultations

5.0 on 5.0

I understood your problem as you are a contact based employee not a labour (also because u are being paid salary not wages)

There are labour laws in india, but where a private organization is considered and a contract based employment, there are some laws which can support you from the university Act itself

However, if you are still working there nd your contract is still not renewed then keep a solid proof with you because such contract itself gets renewed, the total period u are working there will be considered as experience and u ll be paid for the same

If anyone of these things didn't happen or university lacks any of these thing you can opt for a legal action then.

Amol Chitravanshi
Advocate, Delhi
279 Answers
1 Consultation

4.0 on 5.0

A contractor is not bound to renew your contract, as if u go. Through your last contract terms and conditions it says that contract can be terminated at any point and no clause bounds the contractor it is their own will if they wish to continue .

Only thing left is if you have salary slips or college attendance then u can claim for further facilities.

Amol Chitravanshi
Advocate, Delhi
279 Answers
1 Consultation

4.0 on 5.0

Usually the employer renews contract for shorter durations only to thwart an attempt by the employee to claim regularisation. A contractual employee cannot seek regularisation as then all the eligible candidates will remain in pipeline and may have to wait endlessly for a permanent post to be advertised

Ashish Davessar
Advocate, Jaipur
30763 Answers
972 Consultations

5.0 on 5.0

Renewing the contract for shorter durations is not illegal. You cannot claim renewal for a longer duration. The original appointment letter must include a clause which provides for renewal of the contract before its expiry. Under no circumstances a contractual employee can either seek regularisation or renewal for a longer duration.

Ashish Davessar
Advocate, Jaipur
30763 Answers
972 Consultations

5.0 on 5.0

To seek regularisation in terms of umadavi, you've to be in continuous service on a contractual post for a minimum of ten years. Since, you've still not completed this period, right now it is not advisable for you to go to court and seek your regularisation.

Vibhanshu Srivastava
Advocate, Lucknow
9622 Answers
303 Consultations

5.0 on 5.0

Renewal has to be done in terms your contract.

Since you cannot seek the renewal of this agreement as a matter of right, you have no say to object in the present matter. My advise to you is that work for a few more years so that you have a strong foundation to approach the High Court and seek your regularisation.

Vibhanshu Srivastava
Advocate, Lucknow
9622 Answers
303 Consultations

5.0 on 5.0

My contract period of one year ended on 21 Oct 17 and it is under renewal process till now. At an end of every extension department used to take two to three months in the renewal of contract which causes severe socioeconomic harassment. Is it legal to take such huge period for renewal of contract?

Answer: The contract act is silent on such aspect, however, if there is a clause which regulates renewal and the time limit, then it can be considered as a guideline.

Rajaganapathy Ganesan
Advocate, Chennai
2132 Answers
8 Consultations

4.9 on 5.0

My contract period of one year ended on 21 Oct 17 and it is under renewal process till now. At an end of every extension department used to take two to three months in the renewal of contract which causes severe socioeconomic harassment. Is it legal to take such huge period for renewal of contract?

* Can I move for regularisation as per above mentioned selection process and three and half year experiences ( not continuous) as per Uma Devi Judgement?

The fact is that you were appointed on a contractual basis, therefore once the contract period came to an end the contract automatically stands terminated, you cannot claim renewal of contract as a right.

Hence you may have to wait for the authorities discretion to renew the same and cannot question the delay involved in it as a right.

T Kalaiselvan
Advocate, Vellore
85112 Answers
2215 Consultations

5.0 on 5.0

My contract period of one year ended on 21 Oct 17 and it is under renewal process till now. At an end of every extension department used to take two to three months in the renewal of contract which causes severe socioeconomic harassment. Is it legal to take such huge period for renewal of contract ?

There is no illegality in the renewal process getting delayed.

It is not a regular or confirmed employment that you can claim anything as a right as per the employment rules and regulations.

T Kalaiselvan
Advocate, Vellore
85112 Answers
2215 Consultations

5.0 on 5.0

In case of contractual appointment, we can not force the government to do any thing, renewal is an administrative thing and the discretion. Any legal action for this thing will be hard to fight

Anilesh Tewari
Advocate, New Delhi
18079 Answers
377 Consultations

5.0 on 5.0

The renewal period depends on the said authorities as it is complied with the service rules of the said department. You can't interfere with the procedural laws unless and until it is illegal and unethical.

Prashant Nayak
Advocate, Mumbai
32064 Answers
183 Consultations

4.1 on 5.0

Ask a Lawyer

Get legal answers from lawyers in 1 hour. It's quick, easy, and anonymous!
  Ask a lawyer