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| CAT rules against replacing contractual employees with new hires on same terms | | | Early Times Report
JAMMU, Dec 3: The Bench of Central Administrative Tribunal Jammu comprising Rajinder Singh Dogra (J) and Ram Mohan Johri (A) while disposing of Original Application restrained the Skill & Development Department, J&K Government from replacing/substituting the Applicant by another set of contractual appointee' or by transferring regularly recruited Vocational Instructor in the Trade of "Stenographer & Secretarial Assistant (English)" in ITI, R. S. Pura, from one institution to another till post held by the Applicant on 'contractual basis in the academic arrangement is filled up by the competent authority i.e. J&K State Services Selection Board on regular/substantive basis.
The Applicant - Priyanka Gupta, on satisfying the eligibility & qualification, as per the advertisement Notification dated July 14, 2022, issued by the Superintendent Industrial Training Institute, Kathua, and after undergoing the process of selection, was placed in the Select List on the basis of the uniform screening test and consequentially came to be appointed as Vocational Instructor in the Trade of "Stenographer & Secretarial Assistant (English)" in ITI, Kathua, for academic session 2022-2023 and again Vide Notification dated August 17, 2023, issued by the Superintendent ITI, R. S. Pura, was appointed as Vocational Instructor in ITI, R. S. Pura, against a clear and available vacancy, on the approval of the Skill Development Department, J&K.
The Applicant when sought to be replaced / substituted by another set of contractual appointees or by transferring regularly recruited Vocational Instructor in ITI, R. S. Pura, from one institution to another and being deprived of right to continuance till regular selection on the post held by her, through Dinesh Singh Chauhan, Advocate took resort to judicial process of law, seeking restraint to invite the applications from the candidates for filling up of post on contractual basis in the academic arrangement after disengaging the services of the applicant, already working on a similar arrangement with the respondents.
Dewakar Sharma, DAG on behalf of UT & other respondents submitted that the applicant is neither adhoc nor contractual employee of the respondents' department. Since the engagement of the applicant is limited to delivering a specific number of lectures during the current academic year as guest faculty for a specific honorarium, therefore, is not entitled to the benefit of continuity until regular appointments is made by the Government.
CAT observed that "It is a settled principle of law that an ad hoc employee cannot be replaced by another ad hoc employee and he can be replaced only by another candidate who is regularly appointed by following a regular procedure prescribed. —JNF |
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