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Calcutta, June 10: The high court today struck down a higher education department decision to appoint non-teaching college employees on contract.
The court order followed a petition by six non-teaching employees of Milli-Ameen College on Harekrishna Konar Street at Beniapukur in the city.
Their lawyer told the court that the higher education department had issued a notification in 2002 declaring that six posts were vacant at the college. Accordingly, names were forwarded by the employment exchange and the six were selected following an interview.
They were subsequently given appointment letters that mentioned a pay scale. “But when the college authorities sent their names to the finance department for a final approval, it said the government had no funds to appoint permanent employees and they would be appointed on contract and would receive a consolidated amount as salary,” the lawyer said.
The group of six then moved the high court.
In her order, Justice Indira Banerjee directed the government to pay salary to the petitioners as mentioned in their appointment letters.
“The decision of the state government is arbitrary and contrary to the provisions of the Indian Constitution. When my clients were given appointments, the government did not tell them that their appointments would be contractual. Here, the government has violated the rules. So, the decision of the government should be struck down,” the lawyer told the court.
Legal circles feel the ruling will have a far-reaching effect on the government’s recruitment policy as the higher education department and several others have decided on contractual appointments.
The lawyer for the higher education department argued that it was the discretion of the appointing authority to determine if the employment would be permanent or on contract.
He told the court that the government had revised its earlier decision because of the financial crisis it was going through.
“The government has not singled out these six persons only. It is now part of the policy to recruit people on contract,” he said.
College teachers, too, are now hired on contract.
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