Guidelines for Contractual Appointments and Preferential Treatment in Regular Appointments

This notification from the General Administration Department, Government of Bihar, lays down comprehensive guidelines for contractual appointments and specifies preferential treatment for such employees in subsequent regular appointments.

Background and Amendments

• The initial guidelines for contractual appointments were established by Resolution No. 2401, dated 18.07.2007.
• Over time, various memos and resolutions (including 4467 dated 17.12.2007, 1718 dated 06.05.2010, 1608 dated 24.05.2011, 1029 dated 19.01.2012, 17415 dated 20.12.2012, 8025 dated 21.05.2013) introduced amendments. These amendments primarily extended appointment durations, allowed re-appointments in specific circumstances, and clarified various aspects of contractual service.
• A high-level committee was formed in 2015 (Resolution No. 6161 dated 24.04.2015) to review contractual employee service matters. Its recommendations led to Resolution No. 12534 dated 17.09.2018, which further refined the policy.

Guiding Principles for Contractual Appointments

Contractual appointments are permitted only against sanctioned posts under two main scenarios:

1. Time-bound Projects/Schemes: For projects funded by central, state, or international financial institutions with a limited duration. Appointments in this category are for the project's period and include positions specifically created for contractual engagement.
2. Permanent Posts with Delayed Regular Appointments: In cases where regular appointments by commissions like BPSC, BSSC, or BTSSC are delayed. New contractual appointments for such posts are generally discouraged but may be allowed in exceptional circumstances with cabinet approval, continuing until regular appointments are made.

Appointment Process

For Project/Scheme Posts:

• Posts must be advertised.
• Eligibility criteria, competent authority, and age limits must align precisely with project/scheme specifications, with no deviations.
• Contractual appointees are not considered government servants and have no claim for regularization.
• Reservation roster must be followed.
• Appointments are temporary for the duration of the scheme/post approval. Termination is possible due to unsatisfactory performance, disciplinary issues, or reaching retirement age.
• An agreement outlining all terms and conditions must be executed between the employer and the appointee.

For Permanent Posts (with Delayed Regular Appointments):

• Posts must be advertised.
• Eligibility criteria and competent authority must be the same as for regular appointments.
• Age limits are as prescribed by the General Administration Department.
• Contractual appointees are not considered government servants and have no claim for regularization.
• Reservation roster must be followed, using the same roster point as for regular appointments.
• Appointments are temporary until regular appointments are made.
• Special Provisions:
  • Contractual staff may be redeployed to similar vacant posts in other departments if their service is no longer needed, provided it's not due to disciplinary reasons.
  • If contractual staff fail regular recruitment but posts remain vacant, they may be re-appointed contractually.
  • Contractual appointments should not be terminated prematurely if the regular recruitment process has begun; they should continue until regular appointees join.

Admissible Facilities for Contractual Staff

1. Remuneration/Honorarium: Determined by a committee (headed by the Development Commissioner) based on market rates or the initial pay scale of an equivalent government post (including DA and other allowances), whichever is lower. It must not be below the minimum wage and is subject to annual revision.
2. Leave:
   • Casual Leave: 12 days (for 5-day workweeks) or 16 days (for 6-day workweeks) annually.
   • Earned Leave: 16 days per year (from the second year of service), with a maximum accumulation of 60 days.
   • Maternity Leave: 26 weeks (if worked 80 days in the last 12 months). For two children, 12 weeks. Also applicable for adoption/surrogacy.
   • Paternity Leave: 15 days (for two children).
   • Leave Without Pay: Maximum 30 days per year.
   • Note: Leave is not an entitlement and requires prior approval. Unauthorized absence for 15 or more days may lead to termination.
3. Ex-gratia Grant: Rs. 4 Lakh in case of death during service, unless similar benefits are already provided under project terms.
4. Service Record: To be maintained by the Administrative Department in consultation with the Finance Department.
5. Travel Expenses: Permitted for official duties/training outside local limits, with competent authority approval, at rates similar to equivalent regular employees.
6. Appeal Provision: Contractual employees can appeal against termination due to unsatisfactory work to the authority immediately superior to the appointing authority.
7. EPF & ESI: Facilities under the Employees' Provident Funds Act, 1952, and Employees' State Insurance Act, 1948, are applicable where eligible.
8. Annual Performance Appraisal: Mandatory for all contractual staff, with evaluation criteria developed by each department/authority.

Preference in Regular Appointments

Contractual employees are eligible for preferential treatment in regular appointments:

1. Weightage: 5 marks per year of satisfactory service, up to a maximum of 25 marks. (Pro-rata calculation: days worked * 5 / 365 for partial years).
2. Age Relaxation: Equivalent to the period of contractual service, up to the maximum age limit.
3. Departments are required to amend their service rules to incorporate these provisions.
   • Provisos:
     • This benefit applies only to the same post on which contractual service was rendered.
     • Experience-based preference must adhere to guidelines from regulatory bodies (e.g., UGC, AICTE).
     • Age relaxation is not applicable in cases where existing laws or recruitment rules prohibit it (e.g., police recruitment).

Other Important Points

• These facilities are only for legally appointed contractual staff, i.e., those appointed following Resolution No. 2401 (dated 18.07.2007, as amended), ensuring sanctioned posts, qualified staff, advertised positions, selection by a screening committee, appointment by a competent authority, and adherence to reservation rules.
• A selection committee, including an SC/ST member, must be constituted for contractual appointments.
• Contractual appointments can be terminated with one month's notice or payment in lieu thereof.
• Contractual employees are required to submit annual declarations of assets and liabilities.
• Any doubts regarding facilities should be clarified by the General Administration Department based on Resolution No. 12534 dated 17.09.2018.
• This resolution supersedes previous resolutions and memos concerning contractual appointments, including Resolution No. 2401 dated 18.07.2007 and all subsequent amendments. However, staff appointed under the previous Resolution No. 2401 are deemed appointed under the provisions of this new resolution.
• All departments are instructed to issue revised orders and execute new agreements in accordance with this resolution.

Experience Certificate and Contract Agreement Formats

• Experience Certificate: A format for an experience certificate for contractual work is provided, detailing fields for applicant information, post, department, and work period. It references Resolution No. 1003, dated 22.01.2021.
• Contract Agreement: A format for a contract agreement is provided, specifying the parties involved, the position, adherence to the resolution's terms, remuneration (without other allowances), the absence of government service benefits or claims for regularization, optional location preferences, requirement of a health certificate, and conditions for satisfactory performance and automatic termination upon violation of terms.