Two years in a short-term contract as an employee under a direct government organization. Every year, it is renewed with just one day as a gap. Can that employee claim a permanent position in that government organization?
From India, Silchar
Acknowledge(0)
Amend(0)
1From India, Silchar
Acknowledge(0)Amend(0)
Dear Jagajit,
Government organizations have predetermined cadre strength and definite rules for recruitment to fill approved posts. At times, to meet the contingent requirement of personnel, the head of an organization may have the authority to fill vacancies from the open employment market or by qualified candidates sponsored by employment exchanges.
If fixed-term contract posts are extended periodically, it implies the necessity of such positions on a permanent basis, for which Government approval would be necessary. In such a scenario, the mode of appointment of these fixed-term contract employees and other qualifications such as age, communal rotation, etc., would be essential parameters. If the number of such candidates is high, the Government may consider absorbing them on a permanent basis by relaxing the rules. This is the general trend currently.
Regarding your query, if a candidate is alone in such a situation, it would be very challenging because their contract is for a fixed term only, and there would likely be a clause preventing them from claiming permanency based on subsequent renewals of the contract. That's the legal position.
From India, Salem
Acknowledge(0)Amend(0)
Government organizations have predetermined cadre strength and definite rules for recruitment to fill approved posts. At times, to meet the contingent requirement of personnel, the head of an organization may have the authority to fill vacancies from the open employment market or by qualified candidates sponsored by employment exchanges.
If fixed-term contract posts are extended periodically, it implies the necessity of such positions on a permanent basis, for which Government approval would be necessary. In such a scenario, the mode of appointment of these fixed-term contract employees and other qualifications such as age, communal rotation, etc., would be essential parameters. If the number of such candidates is high, the Government may consider absorbing them on a permanent basis by relaxing the rules. This is the general trend currently.
Regarding your query, if a candidate is alone in such a situation, it would be very challenging because their contract is for a fixed term only, and there would likely be a clause preventing them from claiming permanency based on subsequent renewals of the contract. That's the legal position.
From India, Salem
Acknowledge(0)Amend(0)
Such fixed-tenure appointments cannot lead to regularization and permanent employment in the government sector. Appointments against regular vacancies in government organizations have to comply with the recruitment process, including the reservation policy; otherwise, it will amount to backdoor entry, and the higher courts don't hesitate to set them aside. (Ref: Secretary, State of Karnataka and others vs. Umadevi and others decided on 10/04/2006)
From India, Mumbai
Acknowledge(0)Amend(0)
From India, Mumbai
Acknowledge(0)Amend(0)Engage with peers to discuss and resolve work and business challenges collaboratively - share and document your knowledge. Our AI-powered platform, features real-time fact-checking, peer reviews, and an extensive historical knowledge base. - Join & Be Part Of Our Community.
Short-Term Assignments.zip
Fixed Term Contract Employees to get Gratuity.docx