I am working as an 'adhoc' assistant professor in an autonomous institute under the Government of India for the last 3 years. The contract is for a 6-month period, and close to the end of each 6-month period, the employer instructs me to request an extension of the contract. Based on this letter, the contract is renewed. This practice has been ongoing for the last 3 years without a break in between contracts. The salary paid is a consolidated amount with no pension or PF benefits. The number of leaves granted is 15 days for every 6 months.
My Queries
1. Is there any possibility to seek regularization as I have been working continuously without a break between the contracts?
2. Although my work is no different from that of a regular employee, I am receiving lesser pay with no added benefits. Is there a scope for approaching the CAT or litigation as I feel I am being exploited?
3. The leave available at the end of a contract was carried over to the renewed contract for the first three contracts. Now, the employer says that there is no provision for carrying over the leave of a contract employee. He also states that the leave is unclassified (not casual/earned/medical) and hence cannot be encashed. Is this true?
4. Are there any rules pertaining to the employment of adhoc teaching staff in national institutes like IIT/AIIMS and the rights of such employees?
From India, Chennai
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My Queries
1. Is there any possibility to seek regularization as I have been working continuously without a break between the contracts?
2. Although my work is no different from that of a regular employee, I am receiving lesser pay with no added benefits. Is there a scope for approaching the CAT or litigation as I feel I am being exploited?
3. The leave available at the end of a contract was carried over to the renewed contract for the first three contracts. Now, the employer says that there is no provision for carrying over the leave of a contract employee. He also states that the leave is unclassified (not casual/earned/medical) and hence cannot be encashed. Is this true?
4. Are there any rules pertaining to the employment of adhoc teaching staff in national institutes like IIT/AIIMS and the rights of such employees?
From India, Chennai
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With reference to queries 1 and 2, it is very important to know whether your selection was done as per the normal recruitment process adopted for a regular appointee. If not, then as per the decision of the Apex Court in the Uma Devi case by the Constitution Bench, the law of the land does not allow you to be regularized as that will violate Article 14 of the Constitution of India.
Regarding queries 3 and 4, please refer to the respective rules of the organizations. However, as regards query 4, the said decision of Uma Devi also applies.
Thanks,
Sushil
From India, New Delhi
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225Regarding queries 3 and 4, please refer to the respective rules of the organizations. However, as regards query 4, the said decision of Uma Devi also applies.
Thanks,
Sushil
From India, New Delhi
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1. Sir, Sh. Sushil has rightly mentioned the correct legal position in his remarks as above.
2. In my opinion, you can continue making efforts for appointment/selection through open advertisements, competitive examinations, etc., on the basis of applicable recruitment rules of the government/PSUs. Sir, wish you success in the matter.
3. However, a copy of the judgment of the Honorable Supreme Court of India in the case of State of Rajasthan vs. Uma Devi & Others, as referred to by Sh. Sushil above, is enclosed as an attachment.
From India, Noida
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2. In my opinion, you can continue making efforts for appointment/selection through open advertisements, competitive examinations, etc., on the basis of applicable recruitment rules of the government/PSUs. Sir, wish you success in the matter.
3. However, a copy of the judgment of the Honorable Supreme Court of India in the case of State of Rajasthan vs. Uma Devi & Others, as referred to by Sh. Sushil above, is enclosed as an attachment.
From India, Noida
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Key features of employment contracts.pdf
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