Fate of Contract Employees

[unsolved_Mystery]

Dear Senior/Junior Members especially Lawyers
AOA.
Can anyone of you explain in detail what would be the fate of Contract employees whose services are terminated?
I have a case in which a clerk, who was appointed on Contract Basis. On expiry of his contract, the appointing authority asked for his profiency test (typing) while his ACRs were "A"/"A1" and he was recommended for extension in his contract by the authority under whom he was serving actually. As per Contract Policy, extension may be granted for 03 years or 05 years if performance evaluation reports of the contract employee is satisfactory.
The official failed to qualify the typing test, as he said that he had not been working on typing device for three years of contract, therefore, his typing speed decreased.
He filed two writ petitions in High Court and both were dismissed on the grounds that a contract employee cannot claim his extension whatsoever the reason may be.
He filed a departmental appeal before IGP Punjab. IGP accepted his appeal and reinstated him, but the appointing authoity refused to take him back in service, did not let him submit his joining report and wrote back to IGP that there was no provision of departmental appeal in Contract Policy. The IGP withdrew his reinstatement orders.
Now, the aggrieved official has filed a service appeal in the Punjab Service Tribunal, but the Tribunal is of the view that it is not authorised to entertain service appeal filed by Contract employee.
Please anyone ?????

[Marjah]

First you should clear in mind that contrast service is not a regular service and he/she can't claim privileges enjoyed by regular employees such as seniority etc. Secondly renewal of contract is subject to the performance and in your case that person failed in evaluation test and could not satisfy his boss. I think you have no solid grounds to secure that job against because it is already rejected by High Court, Service Tribunal and IGP.

[unsolved_Mystery]

First of all, What Contract policy says? It says if performance evaluation reports of the official are satisfactory, he may be granted extension. In the instant case, the evaluation reports of the official were A/A1. Secondly, he was recommended for extension by the immediate authority under whom he was serving at the moment. Thirdly, his performance should have been evaluated in the relevant field; the task he had been working on for three years. If I am a student of English and I am forced to take exam of Maths, then the result thereof will be called invalid and unrelliable. Thats what happend in this case.
The authority violated all the above.
Moreover, IGP did not reject his appeal. His appeal was accepted by the IGP and he was reisntated in service. That reinstated orders were withdrawn by the IGP on the request of DIG/RPO who had said to IGP that it was sole prerogative of appointing authority weather to grant extention adding that a contract employee had no right to appeal against termination of contract etc. While I myself happened to glimpse a judgment/ruling of Supreme Court which said that a contract employee could not claim extention in case of expiry. But if authority terminates that contract framing some charges i.e. misconduct, inefficiency etc. then the employee automatically gets the right to appeal.
Despite producing all the above material, the high court rejected his writ petitons twice, IGP withdrew his own orders on the request of his subordinate and now, the matter is hanging in the service tribunal and Tribunal is of the view that it is not authorised to entertain the appeals of contract employees.

[Sociologist PU]

ACR of contract employee is not written and i wonder you are saying that he got A/A-1 in his ACR ?

[unsolved_Mystery]

Originally Posted by Sociologist PU

ACR of contract employee is not written and i wonder you are saying that he got A/A-1 in his ACR ?

Dear! There is a different special performance evaluation Form for Contract employees received with Contract Policy. If you have a copy of Contract Policy 2004, that Form must have been attached to it. Please check.
However, in almost all the departments (atleast where i have witnessed), the ACR forms used for regular employees are being used for Contract employees.