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Anonymous
Respected Seniors,

I was appointed as a laboratory technician on a contract basis against a regular sanctioned post in a state government autonomous institute (University) as per the provisions of state contractual rules (framed in accordance with Article 309). I have been selected by the executive council of the university through advertisement, and the selection procedure was the same as that used for the selection of candidates on a regular basis. The rules related to category, etc., have also been duly followed.

Initially, I was appointed for a period of 11 months, and upon renewal, I was appointed for a period of 1 year, i.e., 12 months. I have completed more than 240 days of service in the appointment for 12 months. Also, my nature of work is perennial, i.e., I'm not in any project or temporary scheme of employment.

Eligibility for Regularization

My query is, am I eligible for regularization as I am appointed against a regular sanctioned post? If so, what should I do? Should I approach the management/administration of the university and claim permanency, or should I go to the labor court?

Contractual Rules and Recruitment

One more crucial piece of information I want to provide is that in the state contractual rules, it is clearly mentioned that ONLY contractual posts should be filled through public advertisement, but I have been recruited in a regular sanctioned post. Does this make the contract sham?

From India, Bhopal
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Anonymous
54

Based on the information provided, you may be eligible for regularization given that you have completed more than 240 days of service in a year against a regular sanctioned post. To proceed with seeking permanency, it is advisable to first approach the management or administration of the university. Present your case clearly, highlighting your consistent service and the nature of your work. Request clarification on the process and criteria for regularization as per the relevant labor laws and policies governing your employment. If the management does not provide a satisfactory response or if you face any obstacles, then seeking legal advice or approaching the labor court could be the next step to assert your rights. Ensure to gather all relevant documents and evidence to support your claim for regularization.
From India, Gurugram
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