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| Temporary employee cannot be replaced by temporary: CAT | | |
Early Times Report
JAMMU, Sept 16: The bench of Central Administrative Tribunal comprising Rakesh Sagar Jain (Judicial Member) and Anand Mathur (Administrative Member) held that a temporary employee shall not be replaced with temporary provided that there is nothing adverse against him.
This significant order has been passed in a petition filed by one Tajinder Singh averring therein that he was engaged as Instructor in the trade of Electrician in the year 2011 in the respondents institute and his tenure was continued for the session 2014-2016 and even today, the applicant is working in the Office of Respondent No. 4. It is the further case of the applicant that the respondents are going to conduct a fresh selection process and are threatening to dislocate him. It is a settled law that a temporary employee cannot be replaced by another temporary employee.
The CAT after hearing both the sides observed that a temporary employee cannot be replaced by another temporary employee and directed that if the applicant is working on a temporary post, the respondents shall not replace the applicant by another temporary employee provided that there is nothing adverse against the applicant, however, it is made clear that the respondents shall be at liberty to proceed ahead with the process of filling the post on regular basis. |
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