Regularization of Temporary Contractual Employees in West Bengal

Dated 16.09.2011-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

No. 9008-F dated 16.09.2011, Source