This resolution, issued by the General Administration Department, Government of Bihar, outlines the process, guiding principles, and admissible facilities for contractual appointments, including provisions for giving preference to such personnel in regular appointments. It supersedes several previous memos and resolutions on the subject.
Background
The General Administration Department's Resolution No. 2401 dated 18.07.2007 previously laid down the process and guiding principles for contractual appointments against permanent posts or for specific schemes. This resolution amends and clarifies those provisions, incorporating decisions from Resolution No. 12534 dated 17.09.2018.
Guiding Principles for Contractual Appointments
Contractual appointments shall only be made against sanctioned posts and are permissible under two circumstances:
- Limited Tenure Projects/Schemes: For projects/schemes with limited lifespans, especially those funded by central, state, or international financial institutions. These appointments are temporary and valid for the project's duration.
- Delayed Regular Appointments: When permanent posts exist, but there is an unavoidable delay in receiving recommendations for regular appointments from bodies like the Bihar Public Service Commission (BPSC), Bihar Staff Selection Commission (BSSC), or Bihar Technical Service Commission. New contractual appointments generally are not made in such cases, except in very special circumstances with cabinet approval.
Appointment Process
For both types of contractual appointments, the following process must be adhered to:
- Advertisement: Posts must be advertised.
- Eligibility: Eligibility criteria must be strictly as per the project/scheme or the regular appointment rules, without any deviation.
- Competent Authority: The appointing authority must be as prescribed by the project/scheme or for regular appointments.
- Age Limit: The minimum/maximum age limit for candidates must align with the project/scheme's requirements or general administration guidelines.
- No Claim for Regularization: Contractual appointees are not considered government servants and have no claim for regularization into permanent service.
- Reservation Roster: Reservation principles must be followed. For posts where regular appointment is delayed, the same reservation roster point as for regular appointments shall be followed.
- Agreement: An agreement (Ekrarnama) in the prescribed format (Appendix-1) must be executed between the employer and the appointee, outlining all terms and conditions.
- Health Certificate: A health certificate is mandatory before appointment.
Exceptions and Special Provisions
- Inter-Departmental Deployment: If contractual staff are not required in one department but needed for a similar post and qualification in another, they may be deployed to the other department with a new agreement (not applicable for those removed due to disciplinary action).
- Re-appointment of Failed Candidates: If contractual employees fail regular recruitment examinations but posts remain vacant, they may be re-appointed on a contractual basis.
- Continuation of Contracts: Contractual appointments will not be terminated if the regular recruitment process has begun but posts are still vacant; they will continue until regular appointments are made.
- Panchayati Raj Department: Existing rules apply for the contract period of Nyay Mitra and Gram Kachhari Sachiv in the Panchayati Raj Department.
Admissible Facilities
Contractual employees are entitled to the following facilities:
- Remuneration/Honorarium: Determined by a committee headed by the Development Commissioner, considering market rates or the basic pay, DA, and other allowances of equivalent regular government posts (whichever is lower). Remuneration will not be less than the minimum wage and may be revised annually. Payments will be made from the budget head "Payments for Professional and Special Services."
- Leave:
- Casual Leave: 12 days per year for 5-day week offices; 16 days for 6-day week offices.
- Earned Leave: 16 days per year (applicable from the second year of appointment), with a maximum accumulation of 60 days.
- Maternity Leave: 26 weeks for female employees with at least 80 days of service in the last 12 months (8 weeks pre-delivery, 18 weeks post-delivery). For two children, 12 weeks (6 pre-delivery, 6 post-delivery). Also applicable for adoptive/surrogate mothers of children under 3 months (12 weeks).
- Paternity Leave: 15 days (for up to two children).
- Unpaid Leave: Maximum 30 days per year.
- Conditions: Leave is not an entitlement and requires prior approval. Unauthorized absence for 15 or more days may lead to disciplinary action and the post being declared vacant.
- Ex-gratia Grant: Rs. 4 lakh will be provided to the next of kin in case of death during the service period, unless similar benefits are already provided under project rules.
- Service Record: Service records, including leave accounts, will be maintained by the Administrative Department as per the format agreed upon with the Finance Department.
- Travel Expenses: For official travel outside local limits, expenses will be sanctioned by the competent authority at rates equivalent to regular government employees. For posts without equivalent regular positions, rates will be determined by a separate order from GAD and Finance Department.
- Appeal Provision: Contractual employees can appeal against termination due to unsatisfactory work to the authority immediately superior to the appointing authority.
- Employee Provident Fund (EPF) & Employee State Insurance (ESI): Benefits under the EPF Act, 1952, and ESI Act, 1948, will be extended to eligible contractual employees.
- Annual Performance Appraisal: Each department/authority/corporation/society will conduct annual performance appraisals for all contractual staff, with criteria determined by the competent authority.
Preference in Regular Appointments
Contractual employees are to be given the following preference (weightage) in the process of regular appointments:
- Weightage for Service: Up to 5 marks per year for satisfactory service, with a maximum of 25 marks. (Marks calculation: 5 days × number of working days / 365).
- Age Relaxation: Age relaxation equivalent to the period of contractual service, up to the maximum age limit.
- Rule Amendments: All departments shall amend their service/cadre rules to incorporate these provisions.
- Conditions for Preference: These benefits are applicable only for appointment to the same post on which contractual service was rendered and will consider guidelines from authorized regulatory bodies/universities/technical councils. Age relaxation will not be granted where law/recruitment rules explicitly prohibit it (e.g., police appointments).
Validity of Contractual Appointments
These facilities are applicable only to