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Can an employee claim for regular services after completion of 2 years
26-Jul-2023 (In Labour & Service Law)
I have been working as contractual employee in central govt. office since 2016 . I was selected against the walk in interview held on 13th June 2016. The contract for a period of one year completed on June 2017, further extendable for another one year will be completed on August 2018 . Now we have completed 2 years of the job in August 2018 with consolidated salary . But the department has intimated that the service will not be continued after August 2018. Now I want to know that can we claim for the regular service in the department , as we are almost overage for the any other competition .
Since the employment is contractual, you cannot claim the continuation as a matter of right especially after the judgment of Uma Devi from Supreme Court, but you can try by writing representations specifying how you shall be prejudiced if the employment if not further extended and also portraying how successfully you performed your duties and also stating the other reasons and if the representation is not considered you can approach to High Court for consideration of the same, many of my clients got relief from Calcutta High Court this way. All the best. Regards
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Adv. Ujjal Kumar Ray
Kolkata | 400+ Answers
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Please note that being a contractual employee you are not suppose to get a 'permanent' or 'On company roll' status in your employment. The Union and the State Governments organizations cannot make appointment as against the
constitutional scheme of public employment, The Constitution Bench of the Hon'ble Supreme Court of India in State of Karnataka v. Umadevi held that appointment in the State and its instrumentalities should only be in accordance with the rules and procedure relating to regular recruitment.
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Adv. Pradipta Nath
Durgapur | 200+ Answers
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