regarding denial of extension

[Amrit Singh]

Dear Sir,

I was working in a Govt. funded multicentric project on contractual basis. My appointment was with one of the co-investigator. The project and my contract was finishing in April this year. In April, the project was extended for another six month on request of the principal investigator. On this basis my contract was also extended for another six month and subsequently funds were also released for the same, though just a month before the end of extension period. Due to delayed release of funds for extension period, the official notification of extension of my contract was not done by my supervisor/office. Now, after completion of extension period, due to some issue between me and the principal investigator and subsequent complaint against me (by principal investigator to my supervisor) citing unsatisfactory performance, my supervisor is refusing to officially forward and continue my appointment during the extension period and release my salary for extension period, though I have worked during the extension period. This denial of extension of my contract will affect my career and will also affect me financially. Is there anything that I can do to protect my interests and rights and get appointment and salary for the 6-month extension period? Please advice.

Thanks a lot.
Regards,
Amrit

[Dr. Ashok Dhamija]

At one place, you have mentioned that, “On this basis my contract was also extended for another six month…”. So, from the limited facts known to me, it appears that your contract was extended but the formal notification was delayed. Secondly, you have also mentioned that you have worked for the extended period of 6 months, which means that the concerned authority would have permitted you to work for this extended period.

In view of this, you should be able to get the salary for the extended period. You have mentioned that you were working on contract basis. A contract need not necessarily be in writing. A contract can be oral also. In fact, a contract can even be implied contract. If you have been allowed to work and your “contract was also extended for another six month”, it can at least be considered to be an implied contract even if there was no formal notification. You may have to approach the appropriate court or tribunal, if needed, to get justice. Contact some local lawyer if you are not familiar with legal procedures.

     

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Dr. Ashok Dhamija is a New Delhi based Supreme Court Advocate and author of law books. Read more about him by clicking here. List of his Forum Replies. List of his other articles. List of his Quora Answers. List of his YouTube Videos.

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