Article 226 of the
Constitution of India, the petitioners who are contractual employees of
the respondent no.3/Institute of Liver and Biliary Science seek ... petitioners was to be on contractual
basis and accordingly it is argued that contractual employees cannot
seek regularization. One such advertisement para 3 reads
ratio of Umadevi's case (supra) that
contractual employees must be regularized only because there are
vacant sanctioned posts to which they were appointed ... that instead of regularization, this Court can grant the
relief that contractual employees such as the petitioners should not be
replaced by other contractual employees
vacancies which were
directed to be filled up from the existing contractual employees as per the
Regulation/Rules and fresh advertisement could be issued inviting ... before
the learned single Judge, a scheme for regularization of the contractual
employees was formulated by the respondent No.1 on 16.04.2003, wherein a
policy
agency that provided employees on contractual
basis. This eliminated its (DGHS) function in engaging its contractual
employees.
Analysis and Conclusions
11. The above facts would ... Head from The budget head for
which salaries of salaries of contractual
contractual employees employees is 'major head-
(Secretarial 2210'.
Assistant/DTOs) filed
working satisfactorily, they should not be replaced by another set of contractual employees specially when there is a specific provision in the RRs for reserving ... authorities that the persons working on contractual basis are not working satisfactorily. Of course, contractual employees can always be replaced by regularly selected persons. Even
minimum of the pay scale in the case of
contractual employees. In view of the similarity of controversy, the
aforestated writ petitions are being disposed ... order and
judgment.
2. The respondents in these writ petitions are contractual employees
and are entitled to minimum of the basic pay, which is payable
short term contractual basis.
2. When asked by the Court how many of the
existing contractual employees have in fact benefited
by Rule ... contractual appointees are eligible for
regularization. It is submitted that a High Power
Committee (HPC) has to examine whether in fact the
contractual employees satisfy
without following any
recruitment procedure. It was contended that where the contractual employees were not
selected or appointed in the same manner as regular employees ... their contractual employment, shall be treated
as ineligible, under the scheme.
3. Policy in para2 shall also be applicable to the contractual
employees who have
total workforce of 840 employees, the Company
had engaged 570 employees on regular basis, while 270
employees were engaged on ‘contractual’ basis.
The Company implemented ... contractual’ in nature.
In our considered view, Clause 2.5 of the PF Trust
Regulations would undoubtedly cover all contractual
employees who have been engaged
contractual posts, however they
have been disadvantaged because contractual appointments
have thereafter been regularized by the respondent No.1 by
making the contractual employees ... employees
can be engaged on contractual basis, and thereafter, the executive is
fully justified in making permanent these contractual employees, and
which action does
