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| CAT draws the line | | |
Recently, Central Administrative Tribunal (CAT) held that temporarily engaged contractual candidates cannot claim permanent status on expiry of the term of the contract.
The CAT passed this significant judgment in a petition filed by more than 150 petitioners who were appointed with the respondents department as Para Medical Staff on academic arrangement basis under the J&K Medical & Dental Education (Appointment on Academic Arrangement Basis) Rules, 2009 for a period of one year extendable up to a maximum of four years, one year at a time, subsequently extended up to 6 years by SRO 409 subject to their good performance and conduct or till selection or promotion is made according to the recruitment rules governing the field, whichever is earlier, for seeking their regularization.
The CAT observed that the normal rule for regular appointment is through a prescribed agency under the State as per Recruitment Rules. It is for the State to ensure smooth functioning of the administration and due to certain exigencies; the administration may make academic, contractual, or similar temporary engagements. It is imperative for the State to replace such academic arrangements by way of regularly selected/appointed persons as early as possible.
But the tribunal held that the contractual candidates cannot claim permanent status on expiry of the term of the contract. It’s a significant ruling as it has made one thing clear that the contractual job means contractual only irrespective of how long a person has been serving.
Prior to August 5, 2019—when the Centre revoked J&K’s special status and bifurcated it into two Union Territories—many contractual workers and daily wagers were promised by the former regimes that they would be regularized along with the passage of time. But the promises that were made to these contractual workers were never fulfilled.
The CAT ruling has set a precedent that the contractual workers cannot demand regularization just on the basis that they have served any department for a specific period of time. The CAT has drawn the line between the contractual and permanent. The tribunal has given a landmark decision and it has put many confusions to rest. |
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