IMPORTANT POINT
The court established that Law Officers serve under a contractual relationship with the government, which has the discretion to terminate their services without cause.

ORDER :

1. Since the issue in all these writ petitions is same, they are being disposed of, at the admission stage itself, by this common order with the consent of both sides.

2.1. The petitioners in all these writ petitions were appointed as Government Pleaders and Special Government Pleaders, Assistant Government Pleaders, Additional Government Pleaders (hereinafter referred to as ‘Law Officers’) in various Courts of the District Judiciary during the years 2021 to 2023 for a period of three (3) years on payment of monthly honorarium. By the impugned G.O. Rt. No. 354, Law Department, dated 26.06.2024, the Government has discontinued services of the Law Officers herein and others whose names are shown in the list annexed thereto.

2.2. It was stated in G.O. Rt. No. 354 that as per proviso to Instruction No. 9 of the Telangana Law Officers (Appointment and Conditions of Service) Instructions 2000 issued in G.O. Ms. No. 187, Law Department, dated 06.12.2000, the Law Officers are entitled to one month honorarium in lieu of notice. Accordingly, the concerned District Collectors were requested to pay one month honorarium to the Law Officers and make necessary incharge arrangements by placing eligible Advocates as incharge of the post for a period of six (6) months or till regular appointments are made by the Government whichever is earlier. The District Collectors were also directed to furnish panels consisting of five (5) Advocates in each panel forthwith for making regular appointment of new Law Officers. In pursuance of G.O. Rt. No. 354 on petitioners and others being discontinued, consequential individual orders have been issued appointing new Law Officers on temporary basis to various Courts in the District Judiciary.

2.3. The case of the petitioners is that they are appointed on a tenure post; they cannot be discontinued en masse without giving opportunity of hearing; there is no reason to discontinue their services except for change of Government; they have legitimate expectation to continue till the expiry of their tenure; the impugned Government Order is patently arbitrary, mala fide and violative of Articles 14 and 21 of the Indian Constitution as the services of the Law Officers are discontinued for extraneous consideration for the only reason of change of Government.

3.1. The case of the respondents is that the Government has discontinued services of 55 Law Officers viz., Government Pleaders, Additional Government Pleaders, Special Government Pleaders, Assistant Government Pleaders and Special Counsel working in the Courts subordinate to the High Court for the State of Telangana who are under first or second term in the entire State in exercise of the powers conferred by Instruction No. 9 in G.O. Ms. No. 187, in public interest and for effective implementation of the policy of the Government. The concerned District Collectors were requested to make necessary arrangements immediately by placing eligible Advocates as incharge of the post for a period of six (6) months or till regular appointments are made by the Government, whichever is earlier. Consequently, incharge arrangements have been made.

3.2. It is submitted that the Law Officers do not have any ‘legally enforceable right’ or ‘vested right’ for their appointment / continuation. There is no violation of statutory or Constitutional right. The terms of appointment and conditions of services of the Law Officers are purely guided by the executive instructions under G.O. Ms. No. 187. The order of appointment of the Law Officers clearly stipulates that they are appointed ‘for a term of three years from the date of assumption of charge of the post or till termination of their services whichever is earlier.’ The Law Officers who have accepted such appointment cannot claim any legitimate expectation to continue.

3.3. It is submitted that the discretion of the State Government in engagement of its Law Officers for effective adjudication, administration of justice and defending the