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2023 Supreme(Telangana) 115

IN THE HIGH COURT FOR THE STATE OF TELANGANA AT HYDERABAD
E.V. Venugopal, J.
B. Rajashekar and others – Petitioners
Versus
The T.S. Police Housing Corporation Ltd., Hyderabad, Rep. by its Managing Director & another - Respondents
Writ Petition No.3914, 4676 of 2020, Writ Petition No.19006 of 2022
Decided On : 22-06-2023

Advocates:
Advocate Appeared:
For the Petitioner: Sri. V. Jagapathi, learned senior counsel
For the Respondent: Sri. Nyayapati Prashant, learned standing counsel & Government Pleader

Headnote:

Selection Committee - Regularization of services - Petitioners have been rendering their services for more than eight years but still their services are not regularized - Held, Court, after considering facts and circumstances of case and having regard to submissions made on either side and also having regard to observations made by Hon'ble apex Court in cases cited supra, is of considered view that respondents ought not to have discontinued petitioners, which is nothing but violation of principles of natural justice - So far as regularization of services of petitioners is concerned, writ petitioners are at liberty to approach respondent Corporation with appropriate applications by making out their case for regularization and respondents are directed to consider their case in accordance with law and rules in force within a period of three months and till regularisation is being considered, respondents are directed to continue writ petitioners in present position in their Corporation without resorting to any coercive steps and not to replace them with any other outsourcing candidates keeping in view of their long standing services in Corporation - Keeping in view of age of individuals, respondents shall also consider to relax age conditions while considering issue of regularisation of services of petitioners with prospective effect only and without any claim of monetary benefits - Writ petitions disposed of.

ORDER :

Heard Sri V.Jagapathi, learned senior counsel for the petitioners in all the writ petitions and Sri Nyayapati Prashant, learned standing counsel for TSPHCL and the learned Government Pleader for Home. Perused the material available on record.

2. Since the core issue involved in all these writ petitions is one and the same, all these writ petitions are being disposed of by this common order.

3. The case of the petitioners in all these writ petitions is that all the petitioners were selected by the Selection Committee in pursuance of the recruitment notification issued by the 1st respondent and in pursuance to the letter dated 17.08.2012 all the petitioners were appointed to the post of Site Engineers Graduate (Civil), Site Engineer/Junior Assistants (Temp.) and site Engineer Diploma (Civil) respectively on contract basis initially for a period of 11 months on consolidated remuneration. It is the further case of the petitioners that the notification did not specify that the recruitment for appointment to the posts of Site Engineers and Junior Assistants are on contract basis or on consolidated pay basis. Moreover the period of appointments were restricted for a period not exceeding 11 months and stipulated that the appointment will automatically come to an end immediately on completion of 11 months.

4. The 1st respondent orally informed to the petitioners that the period of initial appointment is for 11 months to watch the performance of the petitioners, however, if the performance of the petitioners is satisfactory, they would not only be continued but their services would also be regularized/absorbed in the vacant posts in which they were appointed. However, contrary to that the 1st respondent issued orders in July, 2014 i.e. after formation of the State of Telangana once again appointing the petitioners for a period of 11 months on the same consolidated remuneration with similar conditions of appointment, on contract basis. The same pattern has been continued for further years of-course with slight enhancement of the remuneration. Thus, the petitioners have been rendering their services for more than eight years but still their services are not regularized.

5. To their utter shock and surprise, on 22.02.2020 the 1st respondent issued orders discontinuing the petitioners in WP No.3914 of 2020 and on 08.04.2022 in WP No.19006 of 2022 and on 05.02.2020 and also on 28.12.2019 in WP No.4676 of 2020 from service since their contract period had expired on 21.02.2020. The 1st respondent is contemplating to appoint through manpower agency to discharge the duties performed by the petitioners at a higher monthly remuneration and therefore, the 1st respondent is not inclined to continue the petitioners. Hence, these writ petitions.

6. Counter affidavits have been filed by the respondents denying the allegations levelled against them in all these writ petitions. The sum and substance of these counter affidavits is that the notification clearly specifies that the services are purely on temporary/contract basis which means that on expiry of tenure their services will automatically be ceased and that the appointment orders were also given in consonance with the notification. Further, in accordance with the notification the petitioners have executed agreements individually on their free will and having knowledge about the same, the petitioners now cannot take a different view for filing the writ petitions. It is further contended that the request of the petitioners for sanction of time-scale of pay as that of regular employees does not arise at all as they were engaged purely on contract basis for a specific period of 11 months. As there was no regular recruitment, the petitioners were engaged on contract basis for a limited period from time to time. The Government of Telangnana issued GOMs.No.44, dated 01.05.2018 according permission to fill up 73 regular posts in the cadre of Assistant Executive Engineers and Junior Assistants through TSP

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