Saturday, September 12, 2009

Ad hoc or casual basis do not have any “vested” right to hold a post - CAT



DHRUBA GHOSH
Barrister, High Court, Calcutta

Q: I have been working in a central government department as a computer operator on a temporary basis for the past five years. Despite having worked for such a long time, my employment has not been regularised. I have recently applied to the department for being absorbed into regular employment. I want to know whether the department is bound to consider my application favourably and, if they reject it, whether I can challenge such decision before the high court.

Name withheld

A: Whereas persons appointed on ad hoc or casual basis do not have any “vested” right to hold a post or to be regularised in service automatically, the law has carved out some significant exceptions to this rule. The state, after all, is expected to function as a “model employer” and cannot follow policies of “ad-hocism” indefinitely, thus in cases where it is proved that the employer has indulged in unfair or unhealthy practice to deny casual workers their claims for permanency (or where they have reneged on its promise to absorb in due course), the courts can, and do, intervene to protect the individual worker on humane considerations.

The actual decision on regularisation depends on many factors such as the permanency of the nature of work involved, the worker’s qualifications and the time period. Many government organisations frame specific rules setting out criteria or conditions for regularisation, which they are bound to follow. Thus the fate of your application will depend on the facts and circumstances of your appointment.

In the event your application is rejected, the proper forum for you to pursue remedy is the Central Administrative Tribunal. Section 14 of the Administrative Tribunal Act, 1985, bestows upon this tribunal the jurisdiction of all courts (except Supreme Court) in relation to conditions of service of persons appointed to public services and to their recruitment to any “civil service” or “civil post”.

A question could arise as to whether casual workers have any locus standi to apply to this tribunal by virtue of the fact that they are by definition neither in civil service nor holding civil posts. But this technical objection has now been laid to rest, as the courts have consistently held that it cannot be denied that most of the ingredients of a “master and servant” relationship exist between the state and the casual worker.

Thus, for all practical purposes, their relationship bears the necessary characteristics of essentially being one of “employment”, including all incidents thereof. And since you are claiming a right to continue employment on a permanent basis, it would be idle to suggest that you cannot apply to the Central Administrative Tribunal. In fact, the jurisdiction clause covers a wide field and there is nothing to suggest that the eligibility criteria ought to receive a narrow interpretation.

Section 28 of the Act reiterates the intention of Parliament to exclude the jurisdiction of the courts (except the Supreme Court) in these matters. However, the Supreme Court, in its decision in L.Chandra Kumar’s case (1997), cast a doubt on the constitutional validity of this section to the extent that it sought to exclude the jurisdiction of the high court under Article 226 / 227. It held that the power of judicial review is an integral part of the basic structure of the Constitution. However, the court made it clear that in matters pertaining to public service, these tribunals continued to act as “the only court of first instance” and observed that it will be not be open for litigants to directly approach the high court by “overlooking” the jurisdiction of the tribunal. Therefore, your must pursue your case before the tribunal first and not the high court.

Source: The Telegraph

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Rates of Dearness Allowance & Finmin Orders for DA, DR & 5th CPC

DA & DR ORDERS - EXPECTED DA STATUS
Effective DatesAdditional DA Total DA DA OrdersDR Orders5th CPC
1.1.2006 0-DA/DR
1.7.2006 2%2%29.08.2008DA/DR
1.1.2007 4%6%29.08.2008DA/DR
1.7.2007 3%9%29.08.2008DA/DR
1.1.2008 3%12%29.08.2008DA/DR
1.7.2008 4%16%29.08.2008DA/DR
1.1.2009 6%22%13.03.200927.03.2009DA/DR
1.7.2009 5%27%18.09.200929.09.2009DA/DR
1.1.2010 8%35%26.03.201031.03.2010DA/DR
1.7.2010 10%45%22.09.201029.09.2010DA/DR
1.1.2011 6%51%24.03.201129.03.2011DA/DR
1.7.2011 7%58%03.09.2011 05.10.2011DA/DR
1.1.2012 7%65%03.04.2012 04.04.2012DA/DR
1.7.2012 7%72%28.09.2012 25.10.2012DA/DR
1.1.2013 8%80%25.04.2013 02.05.2013DA/DR
1.7.2013 10%90%25.09.2013 03.10.2013DA/DR
1.1.2014 10%100%27.03.201409.04.2014DA/DR
EXPECTED DA JUL 14 - JANUARY STATUS EXPECTED DA JUL 14 - FEBRUARY STATUSEXPECTED DA JUL 14 - MARCH STATUSEXPECTED DA JUL 14 - APRIL STATUSEXPECTED DA JUL 14 - MAY STATUS

LIST OF CGHS HOSPITALS

1. ALLAHABAD 2. AHEMDABAD 3. Bangalore 4. Bhubhaneshwar 5. Bhopal
6. Chandigarh 7. CHENNAI 8. Delhi 9. Dehradun 10. Guwahati
11. Hyderabad 12. Jaipur 13. Jabalpur 14. Kanpur 15. Kolkata
16. Lucknow 17. Meerut 18. Mumbai 19. Nagpur 20. Patna
21. Pune 22. Ranchi 23. Shillong 24. Trivandrum 25. Jammu.

TA / DA RULES

TRAVELLING ALLOWANCE ORDERS
Rates of Daily Allowance-Finmin23.09.2008
Travel Entitlements - Finmin23.09.2008
Finmin orders on TA22.01.2009
Finmin Clarification on TA18.02.2009
IT Relaxation on TA04.03.2009
TA on Retirement11.04.2009
Travel Entitlements on Transfer08.06.2010
Finmin orders on TA/DA11.06.2010
Journey on Transfer30.12.2010
Finmin Orders on TA24.01.2011
TA/DA on Permanent Transfer01.02.2011
Different types of TA27.04.2011
Definition of Travelling Expenses02.06.2011
Railway Clarification TA on Transfer16.08.2011
Finmin Clarification on TA01.08.2012
CGDA Clarification on TA 'A' Cities08.01.2013
Travelling Allowances for Medical Treatment10.05.2013
Railway Clarification on TA/DA12.08.2013

7th CENTRAL PAY COMMISSION NEWS

TITLEDATEARTICLESORDERS
7TH CPC REPORT AND THE NEED FOR TIMELINESS16.04.20147thCPC Blog
DID YOU KNOW HOW THE 6TH CPC MULTIPLICATION FACTOR OF 1.86 WAS DERIVED..?15.04.201490Paisa
EXPECTED PAY STRUCTURE OF 7TH CPC10.04.201490Paisa
Date of submission of 7th CPC Report05.04.2014-Rajya Sabha
Comments and Suggestions on 7th CPC04.04.201490Paisa
A webpage has been created by the Ministry of Finance for 7th Central Pay Commission24.03.2014-Finmin
Federations veiws on the ToR of 7th CPC05.03.2014AIRF/BPMS/IRTSA
Cabinet approved 7th Central Pay Commission Terms of Reference28.02.201490Paisa
Prime Minister has approved the composition of the 7th Central Pay Commission04.02.201490Paisa
NO COMPROMISE ON TERMS OF REFERENCE07.12.2013NFPE
Possible ToR meeting with Staff Side JCM-Dopt19.11.2013Dopt
7th CPC Date for implementation11.10.20137thcpcnews
Press Statement of Confederation of 7th CPC25.09.2013Confederation
Consent given by PM for 7th CPC25.09.201390Paisa

RETIREMENT AGE 62

J&K Employees Retirement Age hiked to 60, on par with Central Government Staff11.04.201490Paisa
Retirement age of 65: The Politicization of Employees’ Demands11.04.201490Paisa
Retirement age to 62-What is the background behind this news?01.03.201490Paisa
Retirement Age 62 - Cabinet expected to clear on Friday (28.202014)26.02.201490Paisa
Retirement age 62 – No hike in Retirement age of Central Government employees…15.08.2013CGEN.in
Retirement Age 62 - Prime Minister likely to declare on his Independence Day speech14.08.2013CGEN.in
Retirement Age of High Court Judges23.08.201390Paisa
No proposal to enhance the retirement age from 60 to 62 years08.03.201390Paisa
Retirement age of Central Government Employees20.01.201390Paisa
Retirement age of faculty doctors from 65 to 70 years…03.12.201290Paisa
Enhancement of superannuation retirement age of KV teachers31.08.201290Paisa
Retirement age of Teachers and Lecturers26.08.201290Paisa

LDC - UDC ISSUES...

LDC-UDC GRADE PAY ISSUE
SUBJECTDATEDOWNLOAD
UPGRADATION OF GRADE PAY OF LDC & UDC - YET ANOTHER CASE IS FILED.31.03.2014AIAMSHQ
LDC-UDC Issue : Case Filed for Grade Pay 2400 to LDC27.03.2014AIAMSHQ
Upgradation Pay Scale to Railway Accounts Staff w.e.f. 1/1/1 996 on actual basis – NFIR19.03.2014NFIR
Demanding upgradation of the grade pay of LDC & UDC to Rs. 2400 & 2800 – Letter forward to MOSPI26.02.2014AIAMSHQ
LDC-UDC ISSUE-YET ANOTHER LETTER FROM DEPARTMENT OF EXPENDITURE03.02.2014AIAMSHQ
LDC-UDC ISSUE: TOWARDS A FINAL ACTION14.01.2014AIAMSHQ
TOWARDS A FINAL ACTION ON LDC & UDC GRADE PAY ISSUE…31.12.2013AIAMSHQ
LDC-UDC ISSUE: A STEP FORWARD04.12.2013AIAMSHQ
Deputy Secretary JCA writes to Under Secretary CS-II, DoPT13.11.2013AIAMSHQ
CONFEDERATION WRITES TO GOVERNMENT ON LDC- UDC PAY SCALE ANOMALY26.10.2013CONFEDERATION
CASE RETURNED BY THE DOPT & DIRECTED TO TAKE UP THE MATTER DIRECTLY WITH DEPARTMENT OF EXPENDITURE, MOF.07.10.2013AIAMSHQ
LDC-UDC ISSUE-LETTER TO NAC MEMBERS10.09.2013AIAMSHQ
LDC-UDC Issue -Letter sent to the PM forwarded to JCA for action23.08.2013AIAMSHQ
And more news...

NATIONAL ANOMALY COMMITTEE MEETING DETAILS...

NATIONAL ANOMALY COMMITTEE - DECSIONS & DISCUSSIONS AND MINUTES & RESULTS
PROMOTIONAL SCHEMES ACP MACP
DESCRIPTION STAFF SIDE OFFICIAL SIDE
SETTING UP OF NAC 12.01.2009
COMPOSITION OF NAC 05.02.2009
EXTENSION OF NAC 01.07.2010
1st NAC MEETING(12.12.2009) 08.02.2010
2nd NAC MEETING(27.03.2010) AIRF//NFIR 04.05.2010
3rd NAC MEETING(15.02.2011) AIRF/CONF 21.04.2011
4th NAC MEETING(05.01.2012) AIANGO//AIRF 05.01.2012
5th NAC MEETING(17.07.2012) NFIR//NFIR 13.09.2012
MACP MEETING NFIR/ 03.05.2010
2nd MACP MEETING(15.09.2010) CONF/AIRF 06.10.2010
3rd MACP MEETING(15.03.2011) CONF 20.04.2011
4th MACP MEETING(27.07.2012) NFIR/CONF/IRTSA/INDWF/NFIR 13.09.2012
NATIONAL COUNCIL JCM (15.05.2010) NFPE/BPMS 07.07.2010
AGENDA ITEMS AIRF2011/AIRF2012 17.01.2011
INCREMENT ISSUE SETTLED 05.01.2012 19.03.2012
LIST OF PARTICIPANTS NAC/MACP NAC/MACP

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