• Contractual service extension

Sub: Regarding not notifying the contractual service extension of Assistant Professor as per serial no. 1 of Bihar Gazette having Sankalp-12534, Date- 17.09.2018 of General Administration Department Bihar, whose contract ended on [deleted] and working since Nov 2013 in government engineering colleges under DST Bihar.
 This is to convey that the recommendation for Assistant Professors working under DST Bihar is mentioned in Serial No. 18/46.2.5/(i) of notified Gazette having Sankalp No-12534, Dated- 17.09.2018 . But however, this is to convey with huge grief and trouble that even after notification released by General Administration Department,Bihar, DST is not supposed to notify an extension letter of contractual service of Assistant Professors working since Nov 2013 whose contract period ended on 20/11/2018. Due to this reason, we are put into huge trouble.
This might be seen that other departments like Land and Revenue department, Health department etc. have notified the letter as per recommendation of said Sankalp and Gazette.
So kindly give suitable legal opinion to proceed further.
 Regard
Asked 2 months ago in Labour from Patna, Bihar

You need to Approach high court under writ jurisdiction. Notice of contractual extension is necessary

Prashant Nayak
Advocate, Mumbai
8291 Answers
11 Consultations

4.8 on 5.0

File RTI application as to why notification has not been issued for extension of contractual assistant professors  extension as per recommendations 

 

2) file writ in HC against failure to issue notification inspite of recommendations 

Ajay Sethi
Advocate, Mumbai
61302 Answers
3720 Consultations

5.0 on 5.0

Fit case to approach the High Court by way of filing a writ of mandamus and seeking relevant direction for extension of your contractual services.

As advised above, file a writ petition in the Patna High Court.

Feel free to approach in case you need any other help. 

Vibhanshu Srivastava
Advocate, New Delhi
8222 Answers
117 Consultations

5.0 on 5.0

Immediately file a Writ before the Hon'ble High Court with out wasting the time.

Koshal Kumar Vatsa
Advocate, Gurgaon
1331 Answers
1 Consultation

5.0 on 5.0

Approach HC for direction to dept. to comply govt. notification on the ground that dept. itself is violating govt. order.

Yogendra Singh Rajawat
Advocate, Jaipur
9797 Answers
8 Consultations

4.6 on 5.0

  1. As per the information mentioned in the present query, makes it clear that this is the clear non cat in the part of the department in which you have been working.
  2. Whenever there is a central or statue gazette notification then the authorities coming under the purview of the notification shall have to comply with the same, otherwise they are directly doing the breach of contact or would say non compliance actitvy willingly.
  3. I would advice you to please make a representation in legal language and send to your department.
  4. Thereafter, if they don’t do anything then talking the same representation go before the Hon’ble High Court under the Writ Jurisdiction of Mandamus in nature as per Article 226 of our Constitution seeking directions for the department to comply with the notification or otherwise state the reason for not doing so (I am sure that they would definitely comply as they won’t be having any answer once you all move the court of law)

Rest, you can contact me for further legal assistance on this issue or if wish for drafting the representation for you.

Good Luck...!

Sanjay Baniwal
Advocate, South Delhi
3996 Answers
7 Consultations

5.0 on 5.0

You can file a writ petition before high court seeking its intervention for the desired relief and remedy for all the grievances you were made to suffer.

Before that you exhaust all the remedies available within the department, get all the copies of the transactions and correspondences attached as documentary evidences for the steps you have taken to get the desired reliefs to your writ petition and approach high court for relief.

T Kalaiselvan
Advocate, Vellore
51403 Answers
612 Consultations

5.0 on 5.0

It will be determined by the HC in writ petition

Prashant Nayak
Advocate, Mumbai
8291 Answers
11 Consultations

4.8 on 5.0

Issue of renewal notification for contract employees appointment woukd be violation of code of conduct 

 

government departments can seek EC permission to go ahead with certain decisions during model code period

Ajay Sethi
Advocate, Mumbai
61302 Answers
3720 Consultations

5.0 on 5.0

Not at all because pending since long but may be delayed by the outgoing or incoming government due to remain busy of the issuing authority in election,who so ever he may be.

Koshal Kumar Vatsa
Advocate, Gurgaon
1331 Answers
1 Consultation

5.0 on 5.0

Since the notification process has already began in the month of November 2018, it may not come under the purview of code of conduct of the ensuing election.

 

T Kalaiselvan
Advocate, Vellore
51403 Answers
612 Consultations

5.0 on 5.0

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