Legal Question in Employment Law in India

Dear Friends,
Because of my curiosity I went through few judgments of different courts. Now I am fully convinced about the right of contractual employees. I would be happy if you could advise me about the matter narrated below:
Main objection of the court for regularizing the contractual employees are:
Article 14 of the Constitution, Article 16 has specifically provided for equality of opportunity in matters of public employment.
In view of the clear and unambiguous constitutional scheme the court should not violate the constitutional norms and consequently open up another way to permanent job other than UPSC etc.
Now my query is that:
When the govt. appoints a person temporarily without any proper advertisement and selection does not it compromise the equality of opportunity too?

I would solicit your advice to stop this illegal practice and stop the exploitation. Even it is a sectional job or contractual job here everybody has right to apply and do the job.
Please advise

Asked on 11/11/09, 12:54 am

3 Answers from Attorneys

RAJIV GUPTA (Cell: +91 9811284735) [email protected]

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hiring contractual employee without a proper advertisement and following the due process of appointment may not violate the right to equality and equal opprtunity as the employment is merely temporary or ad hoc in nature and is being filled because of void being reated due to some long term leave of a permanent employee or due to some other reason. the act of government may not be termed ultra vires the constitution.

Answered on 11/11/09, 1:10 am

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