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2022 Supreme(Telangana) 194

B. VIJAYSEN REDDY
Elagurthi Rajender S/o E. Lingaiah – Appellant
Versus
State of Telangana – Respondent


Advocates:
Advocate Appeared:
For the Petitioner: S. Rahul Reddy.
For the Respondent: D. Bala Kishan Rao.

Judgement Key Points

Based on the provided legal document, the key points are as follows:

  1. The court exercised jurisdiction under Article 226 of the Constitution of India and clarified that it does not have the authority to issue a mandamus to direct the government to extend weightage marks to outsourced employees. Such an action would amount to altering the eligibility criteria, which is not permissible under law (!) (!) .

  2. The court emphasized that the recruitment notification's terms should be read in a manner that includes outsourced employees within the scope of "contract employees," by applying a reading down of the relevant terminology (!) .

  3. The court observed that the mode of employment (contract or outsourced) is the only difference in their mode of appointment, while the nature of duties, qualifications, and remuneration are essentially the same. Both categories perform similar work and are under comparable control, which suggests they should be treated equally regarding service benefits such as weightage marks (!) (!) (!) .

  4. The court noted that the appointments of outsourced employees are made through agencies and not strictly in accordance with the prescribed recruitment rules, but the actual work performed is similar to that of contract employees. Therefore, denying them the same benefits is discriminatory and unjustified (!) (!) .

  5. The government has issued various guidelines and orders that do not explicitly distinguish between contract and outsourced employees in terms of benefits, pay, or regularization, indicating a lack of a clear policy differentiating these categories (!) (!) (!) .

  6. The court highlighted that the employment relationship, the nature of work, and the qualifications of outsourced employees are comparable to those of contract employees, and thus, they should be entitled to similar service benefits, including weightage marks (!) (!) .

  7. The court rejected the argument that granting weightage marks to outsourced employees would violate the recruitment notification or law, clarifying that such an extension is a reading down of the existing provisions to achieve fairness and equality (!) .

  8. The court granted relief by directing the respondents to award weightage marks to outsourced employees for the service rendered, aligning their treatment with that of contract employees, without altering the recruitment notification (!) .

  9. The petitioners were not challenging the recruitment notification itself but were requesting that the benefits applicable to contract employees be extended to outsourced employees based on the principle of equality (!) .

  10. The court also provided liberty for petitioners seeking regularization to file fresh petitions, contingent upon the outcome of the ongoing recruitment process (!) .

In summary, the court recognized the substantive similarity in duties, qualifications, and control over outsourced and contract employees, and accordingly, directed that outsourced employees be given service benefits, including weightage marks, similar to those accorded to contract employees, while clarifying the limits of judicial authority in modifying recruitment criteria.


ORDER :

1. In all these writ petitions, grievance of the petitioners and the issue involved is common, as such, they are being disposed of by this common order.

2. These writ petitions are filed aggrieved by the action of the Telangana State Public Service Commission (for short ‘TSPSC’) in not granting service weightage marks for the services rendered by the petitioners in their respective posts on outsource basis while considering their candidature to the post of Radiographers as per Paragraph-VIII of Recruitment Notification No. 59 of 2017 dated 08.11.2017 (W.P. Nos. 3276 and 4057 of 2019); to the post of Pharmacist Grade-II as per the Notification No. 4/2018 dated 25.01.2018 (W.P. No. 3972 of 2019); to the post of Lab Technician Grade-II as per Notification No. 67 of 2017 dated 18.12.2017 (W.P. No. 41907 of 2018), issued by TSPSC:

    (i) In W.P. No. 41907 of 2018, the petitioners are also aggrieved by the action of the respondents in not regularising their services as per the principles laid down by the Hon’ble Supreme Court in Secretary, State of Karnataka vs. Umadevi, 2006 (4) S

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