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Posted at: Mar 15, 2019, 7:54 AM; last updated: Mar 15, 2019, 7:54 AM (IST)

Apprentices to be taken back on vacant posts: State to HC

Matriculation certificate no more enjoys primacy in the matter: HC
Apprentices to be taken back on vacant posts: State to HC

Saurabh Malik

Tribune News Service

Chandigarh, March 14

The state government has made it clear before the Punjab and Haryana High Court that apprentices engaged by it would be taken back in service on the vacant posts in case of non-availability of regular candidates.

The court has also been told that they would be replaced only by regularly selected candidates, or if their work and conduct was found unsatisfactory.

The developments before Justice Ritu Bahri’s Bench took place on a petition filed by Ravi and other petitioners against the state of Haryana and other respondents. Justice Bahri noted that the petitioners’ grievance was that they were engaged as apprentices on the vacant posts. They were having matriculation and 10+2 certificates, along with a diploma in ITI in different trades. But they were relieved after the joining of regularly selected candidates. Justice Bahri also took note of assertion by the counsel for the petitioners that 28 out of 45 posts were still lying vacant.

After issuing a notice of motion, Justice Bahri disposed of the petition by taking into consideration the letter dated February 2 issued by the Haryana Chief Secretary. The letter, among other things, said in case of vacant posts and non-availability of regular candidates, the petitioners would be taken back in service on the vacant posts and would be replaced only by regularly selected candidates or if their work and conduct was not found satisfactory.

The court has already recommended that advertisements for government recruitments in Haryana should specify the fate of contractual employees with the hiring of new regular hands. The state was, in fact, asked to clarify whether the present incumbents would be replaced, displaced or allowed to continue even after regular appointments were made. The state Chief Secretary was also asked to step in.

The Bench had observed: “A word of caution is entered. When a department proposes to induct fresh hands in a situation of the present kind, it would be well worth to clarify in the advertisement itself or website whether persons like the petitioner would inevitably be replaced, so that aggrieved persons can take appropriate steps to safeguard his interest and not rush blindly to the court.”

The Bench had also asked the Chief Secretary to consider issuing instructions or advice to the departments issuing advertisements to incorporate the condition that the induction of fresh candidates, retired persons or otherwise, would, or would not, lead to the displacement of incumbent employees working on a contract basis.


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