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Temporarily engaged contractual candidates can’t claim permanent status

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A Division comprising Justrice Sanjeev Kumar and Justice Muhammad Akram Chowdary has held that temporarily engaged contractual candidates cannot claim permanent status on the expiry of the term of the contract.

This significant judgment has been passed by Division Bench in a petition filed by more than 150 petitioners who were appointed with the respondents’ department as Para Medical Staff on an academic arrangement basis under the J&K Medical & Dental Education (Appointment on Academic Arrangement Basis) Rules, 2009 under SRO 384/2009 dated 14.12.2009, for a period of one year extendable up to a maximum of four years, one year at a time, subsequently extended up to 06 years by SRO 409/2013 dated 19.9.2013, subject to their good performance and conduct or till selection or promotion is made according to the Recruitment Rules governing the field.

After hearing both the sides, the Division Bench observed, “the main contention of the applicants is that they are entitled for regularization of their services since they have been working in the respondents department from 2010 onwards”, adding “the applicants had signed an agreement under the Rules of 2009 which also provides that the appointment shall be purely on academic arrangement basis for one year period or till the post is filled up in accordance with rules of recruitment governing the posts, whichever is earlier”.

“Basically the claim of the applicants is that since they are working in the respondents department for a long period, therefore, they have a right to be regularized in the department by the respondents”, the court said, adding “normal rule for regular appointment is through a prescribed agency under the State as per Recruitment Rules. It is for the State to ensure smooth functioning of the administration and due to certain exigencies; the administration may make academic, contractual, or similar temporary engagements”. [KNT]

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