if the post is permanent you may claim a regular employment.
Recent judgment in LIC case has set principles for such regularisation.
You can approach department for regularisation.
On refusal you may challenge such order in Court
Non-regularisation of contractual employee after the said period of contract
Sir/madam with ref to the above subject my wife was appointed as sst mistress (teacher ) in punjab govt education deptt . she was appointed with same process as that followed in that of regular employee ....that is through merit n proper advt of posts in newspaper . Her services were on contract for 3 years n in no case the contract would be extended (as mentioned in appointment orders ) . That the services would be regularised if found suitable after 3 years . NOW , After the expiry of 3 years and 8 months of services with positive Annual Confidential Reports the govt is not regularising their services citing financial burden . whereas govt is going to regularise another batch of teachers who were recruited one year after them and going to pay them full grade and salaries .... This is causing extreme mental and financial burden on my wife and set of teachers recruited in their batch ..... is there any way they can appeal to courts about the indifference the govt is doing to them citing financial burden ......whereas the batch of teachers recruited after them is going to be regularised before them .... my wife and the batch recruited is going through extreme agony as they are being paid only 6500 per month ........which is also not paid regularly ........and is put on hold till further notice by the govt ....... whereas the regular employees are being paid 10 times 6500 for same amount of work and duties .......whether school .... related .....election duty related ....or as ordered by govt from time to time...... Despite putting representations to govt with this matter no solution is being provided and no answers are given whether their services are going to be regularized or not .......... kindly look into the matter and guide whether they can take help of court to get their rights !!!!!!!!!
Asked 5 years ago in Labour
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6 Answers
File writ petition in HC against decision of govt not to regularise your batch of contractual teachers on grounds of financial burden
Mention subsequent batch is being regularised
Please go in Writ before the Hon'ble High Court it will be better that full file this writ petition.
Sir since after 3 year they are still employee in the same service after the contract expired in that case a writ petition in high court can be filed by the all the teachers of the batch to regularise them as the terms of appointment.
Absolutely, they have a good standing and they must approach the High Court in the present matter and file a writ of mandamus and seek their regularisation.
It is also a law that contractual employee is to be paid wages akin to a regular employee for the same work and responsibility.
Immediately approach the High Court.
Though the contractual labors will not get a confirmed berth in the government employment as a rule, they still can fight ion the basis of the three years contract.
Especially if you have learnt that the subsequent batch of the contractual employees are likely to be confirmed, you may take up this matter through CAT for relief and remedy.
