Telangana HC suggests govt consider scheme to regularize contract employees

HC cites Uma Devi judgment; asks Telangana to explore scheme for employees with long-term contract service and form departmental committees to review cases.

Hyderabad: The Telangana High Court has suggested that the state government examine the possibility of introducing a scheme for the regularisation of employees working on a contract or temporary basis.

The court also advised the government to consider setting up committees in various departments to examine the requests of such employees.

The observation came while hearing an appeal filed by Jawaharlal Nehru Technological University (JNTU) against the orders of a single judge related to the termination of a contract employee.

Petition and single judge order

The case was originally filed by A Narasimha, a contract employee, who approached the High Court challenging a memo issued by JNTU terminating his services. After hearing the petition, the single judge set aside the university’s memo and directed that the petitioner’s services be regularised in accordance with Government Order (GO) 212.

Challenging this order, JNTU filed an appeal before a division bench of the High Court.

Bench observations

The appeal was heard on Thursday by a bench comprising Chief Justice Justice Apares Kumar Singh and Justice GM Mohiuddin.

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During the hearing, the bench observed that according to the Supreme Court’s 2006 judgment in the Uma Devi case, steps should be taken to regularize employees who have completed ten years of service. The court noted that states such as Jharkhand, Uttarakhand and Uttar Pradesh have already framed schemes for this purpose.

However, the bench pointed out that apart from GO 212 issued in 1994, neither the undivided Andhra Pradesh government nor the present Telangana government has introduced a comprehensive scheme for regularizing such employees.

Suggestion to government

The bench said governments across the country continue to employ workers on temporary, contract and outsourcing basis, but employees who have been serving for decades require a proper mechanism for regularization.

It suggested that the Telangana government frame a scheme within a specified time frame and consider forming high-level committees in each department to examine whether employees fall within the scope of such a scheme. This would also help prevent employees from approaching the courts directly for relief.

The court further said that the government may fix a cut-off date and decide whether employees appointed before that date should be regularized or whether those appointed after it should be removed from service.

Next hearing

The bench directed Advocate General Sudarshan Reddy to hold discussions with the concerned authorities and inform the court about the government’s decision.

In the meantime, the division bench issued interim orders staying the implementation of the single judge’s directive to regularize the petitioner’s services. The case has been adjourned to April 14 for further hearing.

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