Jammu: The bench of CAT comprising Rakesh Sagar Jain and Anand Mathur held 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 that a temporary employee shall not be replaced with temporary provided that there is nothing adverse against him.
The applicant further submitted that the respondents are going to conduct a fresh selection process and are threatening to dislocate him but 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, CAT further added that it is made clear that the respondents shall be at liberty to proceed ahead with the process of filling the post on regular basis.
