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| Contractual employees have no right to seek extension: CAT | | | EARLY TIMES REPORT
JAMMU, Feb 6: The Central Administrative Tribunal (CAT) while dismissing the petition filed by Col. Verinder Singh seeking direction to extend the service of the applicant, held that contractual employees have no right to seek extension of service.
A Bench of CAT Jammu comprising Judicial Member Rakesh Sagar Jain and Administrative Member Anand Mathur after hearing Advocate Sachin Sharma for the petitioner whereas Additional Advocate General Amit Gupta for the Govt observed that in the present case, the terms and conditions of employment of applicant is governed by a contract and on the expiry of the term of the contract, the employment of applicant is not required to be terminated by notice. This point is further clear from the advertisement and the terms and conditions of appointment order and contract of the applicant. In the present case, it is not in dispute that the applicant had been engaged on contract basis. The terms of the contractual engagement were spelt out to the applicant at the time of his engagement, which, inter alia, included consolidated monthly salary payable to him, period of engagement as well as other conditions.
The Bench further observed that the contract between the applicant and respondents was for a fixed period and on the expiry of the contract period, the contract stood concluded and therefore, the applicant has no legal right to seek further appointment on the basis of a contract in which the fixed term had expired. When the applicant's contract came to end by efflux of time, he is not permanent servants of the respondents and respondents were not bound either to re-employ him or to continue him in service or renew the contract. It is clear from the contract dated 26.10.2016 that the appointment of applicant was on contractual basis and in terms of agreement, the contract was for a period of three years which was never extended. There is nothing on record to show that there was any sanctioned post of permanent nature against which the applicant was appointed on permanent basis.
—JNF |
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