Two years in short term contract employee under direct Government organization. Every year it renewed taking one day as gap. Can that employee claim for permanent position in that Government organization?
From India, Silchar
Labour Law & Hr Consultant
Management Consultancy

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Dear Jagajit,

Government organizations have predetermined cadre strength and definite rules of recruitment to fill such approved posts. At times, to meet the contingent requirement of hands, the head of an organization may have powers to fill the vaccancies from the open employment market or by qualified candidates sponsored by employment exchanges.

Of course, if such fixed term contract posts are extended periodically, it implies the necessity of such posts on permanent basis for which the Government concurrence would be required. In such a situation the mode of appointment of such FTC employees and other qualifications such as age, communal rotation etc., would be the essential parameters. If the no of such candidates are more, Government may consider their absorption on permanent basis by relaxing the rules. This is the general trend prevailing.

Coming to your query, if such candidate is alone, it would be very difficult for the reason that his contract is for only a fixed term and certainly there would be a clause restraining him from staking any claim for permanency by virtue of subsequent renewal of the contract. That's the legal position.

From India, Salem

Such fixed tenure appointments cannot lead to regularisation and permanent employment in government sector. Appointments against regular vacancy in Government organisations have to comply with the recruitment process including reservation policy otherwise it will tantamount to backdoor entry and the Higher Courts don't hesitate to set them aside. (Ref: Secretary, State of Karnataka and others vs. Umadevi and others decided on 10/04/20060
From India, Mumbai

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