Chandigarh Administrative Tribunal protects rights of contractual employee

The Central Administrative Tribunal (CAT), Chandigarh, has directed the secretary of Technical Education, UT, and principal of Industrial Training Institute for Women, Chandigarh, to allow a contractual employee to continue her service without a break until her post is filled with a regular appointee.

The tribunal said the employee concerned could be replaced solely by a permanent appointee, who is recruited under the prescribed rules.  Hence, the Training Institute for Women’s action in repeatedly relieving and then hiring her again is arbitrary and illegal.

Pravina Vasantrao Ramateke was recruited by the training institute as an instructor, dress-making, on a six-month contract in December 2017. She has since been relieved and re-engaged every six months by the department.

On February 17, 2021, Ramateke submitted her case at the tribunal, urging it not to be replaced by another temporary employee until her position is permanently filled. She also informed the tribunal that her right to have a maternity leave for six months was rejected. The Training Institute claimed at the tribunal that the maternity leave was granted. But the institute tried to justify its policy of hiring contractual employees to protect the interests of its students.

After hearing both sides, the tribunal emphasised that the arbitrary practice of relieving temporary employees must end. It added that the institute had no authority to put the life and career of an employee in jeopardy.

Finally, the tribunal directed the Training Institute to allow the applicant to continue her service as an instructor along with all the employee benefits as long as the position is not filled permanently.