Regularization of Temporary Contractual Employees

The casual / daily rated / contractual workers who have rendered 10 years of service continuously with at least 240 days attendance each year may remain engaged in the same status and capacity till their attaining the age of 60 years.

Government of West Bengal
Finance Department
Audit Branch

No. 9008-F(P), dated 16.09.2011

MEMORANDUM

In order to provide security of tenure, appropriate emoluments and certain terminal benefits subject to fulfillment of certain conditions to the casual / daily rated / contractual workers who have remained engaged in various Government establishments for a considerable period of more than 10 years in connection with implementation of various schemes / projects of various Departments of the Government two memorandums vide No. 2966-F(P) dated 23.04.2010 and No. 11794-F(P) dated 22.12.2010 were issued by the Government in Finance Department.

The question of making the provisions of the two aforesaid orders more effective and suitable to the convenience of the Government Establishments / Organizations has been under active consideration of the Government for some time past.

After careful consideration of the matter and in suppression of the aforesaid orders and all other orders issued by other Departments in the matter, the undersigned is directed by order of the Governor to say that the casual / daily rated / contractual workers, who are remaining attached to various establishments of the Government Departments / Directorates / Regional Offices / Other Organizations for not less than 10 years continuously as on 01.08.2011 and have rendered service for at least 240 days each year will be allowed the following benefits:

i) The casual / daily rated / contractual workers who have rendered 10 years of service continuously with at least 240 days attendance each year may remain engaged in the same status and capacity till their attaining the age of 60 years.

The Continuity of service shall have to be certified by a competent officer not below the rank of Assistant Secretary in the case of a secretariat Department, Director in the case of a Directorate and Assistant Engineers / SDO / BDO in the case of Regional Offices. The concerned officer, who certifies may be advised to exercise extreme precautions and take assistance of an office of WBA & AS, if necessary.

ii) An entry point basic pay in PB-I i.e. Rs. 6600/- (Rs. 4900 + 1700) p.m. will be admissible to casual / daily rated / contractual Group ‘D’ workers as consolidated remuneration, similar entry point pay (entry point pay in the Pay Band plus Grade Pay) will be admissible to casual / daily rated / contractual Group ‘C’ worker and an employee of any other category, if he / she fulfils the required condition will be entitled to a monthly remuneration which will be minimum entry level pay of Pay Band and Grade Pay corresponding to his / her category and the remuneration may be determined in consultation with the Finance Department in the same manner as mentioned above.

iii) When such casual / daily rated / contractual workers are allowed the entry point basic pay, they will not get any other allowances like dearness allowance, house rent allowance etc. However, their basic pay will be enhanced by 5% after every three years and the three years will be counted by treating the period from 1st August 2011 to 1st July 2012 as completed year for giving effect to 5 per cent increase in basic pay.

iv) The remuneration of casual / daily rated / contractual workers who have not yet completed 10 years service will be equivalent to 75% of the remuneration admissible under sub-para (ii) above subject to a minimum of Rs. 5000/- p.m.

v) Those casual / daily rated / contractual workers who will complete 10 year service on 1st July every year will come under the purview of this Order provided no such workers if engaged after 01.04.2010 will come under the purview of this Order.

vi) A casual / daily rated / contractual workers who will fulfil the conditions as laid down in sub-para (i) above will continue to be engaged in such a manner till he / she attains the age of 60 years when he / she will be paid an amount of Rs. 1 lakh as one time cessation of engagement benefit.

vii) A casual / daily rated / contractual worker may be allowed 30 (thirty) off days a year and a female such worker may be allowed Maternity Leave of 180 (one hundred eighty) days in addition to 30 days off as mentioned hereinbefore.

viii) A casual / daily rated / contractual worker who is engaged in two different Government Departments but has rendered services for 10 years without a break will come under the purview of this Order.

ix) It is reiterated that Officer / Officers responsible for any further engagement of such casual / daily rated / contractual worker will be personally liable for violation of this Order. However, having regard to the exigencies of situation and in order to facilitate smooth running of any project / administration or for serving academic interest where it is absolutely necessary contractual engagement may be made for a very limited period not exceeding 1 (one) year. This engagement shall be made on strict observance of recruitment rules and against sanctioned vacancies. Simultaneously steps should be taken to fill up the vacancies on regular basis following recruitment rules. Such contractual engagement may be renewed from time to time, but not exceeding a total period of 6 (six) years. No claim to regularization of this contractual service in terms of GO No. 8305-F dated 26.09.2005 read with GO No. 642-F dated 24.01.2006 shall lie.

x) The provisions of this Order will not be applicable where contractual engagement has been made without any sanctioned post and for any specific project for a very temporary period up to a maximum 6 (six) years or finishing up the project whichever is earlier. Thus in such cases steps will not be required to be initiated for filling up the posts through regular appointments as per the Recruitment Rules, since the posts are temporary by nature.

xi) During the period of engagement, the service of a casual / daily rated / contractual worker may be terminated because of involvement in criminal case / misconduct / delinquency / incapacitation etc. Or if the concerned worker intends to opt out of the engagement on his / her own.

xii) The benefit of this Memo will be applicable mutatis mutandis to the Panchayat Bodies / ULBs / Statutory Bodies.

xiii) The casual / daily rated / contractual workers who have already got the benefit with reference to 1st April, 2010 as cut off date will continue to get the benefit in terms of F.D. Memo No. 2966-F(P) dated 23.04.2010 and No. 11794-F(P) dated 22.12.2010, while the others will be covered in terms of provisions of this Memo.

The undersigned is further directed to reiterate that henceforth no further engagement of Group ‘D’ employees, who are engaged in the manner as laid down in F.D. Memo No. 3727-F(P) dated 20.05.2009 and paid out of contingency, will be done, on or after 01.04.2010. Officer / Officers responsible for such engagement will be personally liable for violation of this Order.

xiv) The final approval will be given by the ACS / Principal Secretary / Secretary as the case may be, of the concerned department, after exercising necessary checks & balances & ensuring that any ineligible person does not get the benefits of this order.

xv) A proforma statement is hereby annexed for supplying information by the respective appointing authority to the Administrative Department.

Sd/- S.K. Chattopadhay
OSD & EO Special Secretary
to the Government of West Bengal

Memorandum, Source

Ref: 1, 2, 3

Comments

  1. natvar m. dhimmar says

    If a person is ordered to attend the election meeting, and he is also ordered to attend school(assistant teacher). and the timings are different. he has to present at both places or one place. clarify with rules as fast as possible.

  2. Prasanta Mallick says

    Sir, I have been working as ASSISTANT designation at W. B. Dairy & Poultry Dev. Corpn. Ltd. under ARD Deptt. since 2008 as contructual basis. Present remuneration is very poor, but exp. has high. I am only earning member in my family. I have several time inform about this matter to high authority but no action has been taken If u can my service permanent or salary increase it will be help my famaly and save our life. Pl look into this matter as well.

  3. Dr. M. Narain says

    How many days Casual Leave & Earned Leave is permissible in a small charitable hospital set uo where the employees are on daily minimum wages.

  4. Bappaditya Mondal says

    I am working under centrally sponsored scheme National Food Security Mission in the establishment of Deputy Director of Agriculture(Admn), Govt. of West Bengal on contractual basis since 2008. I want to know what is the service rules applied upon us and what is the future

  5. Somnath Bandyopadhyay says

    Sir, I have been working as Lower Division Clerk in District Rural Development Cell of Zilla Parishad since November, 2006 on contract basis. The post is permanent in nature. The post is also approved by Finance & Cabinet. I was appointed after maintaining all formalities, norms as applicable for that post. Sir may I claim to be permanent in the light of order No. 8305-F dated 26.09.2005 read with GO No. 642-F dated 24.01.2006 of the Finance Department.

  6. Indranil Mitra says

    Is there any provision of getting grade other than C or D within the ambit of the said order for persons with technical qualification and engaged in works which are technical in nature?

  7. Sudarshon Maity says

    Sir,
    With due respect, I want to know that I am elected as Panchayat Member and working in supervisor under MGNREGS.
    May I perform in two side in the same period as per government Order?
    I am highly obliged if you inform me.

  8. Mahesh Kumar Deka says

    Sir, I am working as a computer Assistant in MGNREGA (Gram Panchayat). I am working 5 years. Please tell me this order applicable for the post.

  9. P K Roy says

    Please share any Govt. order related with Maternity leave for V.T.C Teacher (West Bengal State Council of Vocational Education Training) staff under govt. of West Bengal.

  10. Indranil Mitra says

    I am working on Geographical Information System on contract for the last 12 years in a State Govt office. The work on GIS platform is similar to the work of draughtsman which is a Group B post. Can I get the entry level pay of Group B?
    Also after the implementation of Online LoC System I have been put in charge of its operation in my Directorate for issuing LoCs because of my technical qualification and technical work efficiency.
    Should not I get higher scale within the ambit of the said order??

    As per one Supreme Court order issued against appeal no.1968 of 2006, the Court is of the view that though contractual or Daily rated workers cannot be absorbed in regular Govt Service, but they are entitled to wages equal to the salary and allowances that are being paid to the regular employees of their cadre in government service with effect from the dates from which they were respectively appointed. Is it being implemented?

  11. manas nayak says

    Sir, I am working as a prakalpa sahayak in govt project SVSKP (SHG&SE). I am working 13 years. Please tell me this order applicable for the post.

  12. Aniruddha Burman says

    Sir, myself Aniruddha burman joined in polytechnic college as a part time lecturer in chemistry.my salary is depend upon class basis which is 45 min per class.now per cls is 1 hr, before i would take 150 rs per 45 min class.So what is the new rule for my sa;ary.her i also take 1 hr class fpr chemistry and 45 min class for evs.so plz tell me the actual rule. i count the total hour in week then multiply with 60 and devide by 45. is it true or not-The total class in week=total hour.60/45

  13. Saptami Chandra says

    I am a daily rated worker at District Magistrate office Jalpaiguri, in Development and Planning department for past 2 and half years and drawing 6000 (20 days*Rs. 300) per month as remuneration. My office authority said that I would not get my remuneration during my pregnancy / maternity leave as I engaged no work no pay basis contract.
    Please help me on that particular matter and give me the government order on the above per-pus by which I shall demand my remuneration on maternity leave.
    Your kind help is needed.
    With Regards
    Saptami Chandra.

  14. Dipak Kumar Das says

    I am working at Barrackpore II Development Block Office as a Motivator of BSKP Under SHG & SE Department, Govt. of West Bengal, from 2007-2008 financial year . Recently our designation name of Project has been change. BSKP coverted to SVSKP & Motivator converted to Prokalpa Sahayak. Above 6 years we engage with this job as casual workar. Our family is very poor , for this reason I cun’t risque to marry.

  15. p.das says

    Please supply all govt. order related with leave for contractual staff under govt. of west bengal i.e. integrated child protection scheme of west bengal.

  16. Debnath Jana says

    i am gram Rozgar sevak under MGNREGA of Purba Medinipur District. Is this order applicable for me?

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