IN THE HIGH COURT FOR THE STATE OF TELANGANA AT HYDERABAD
Abhinand Kumar Shavili, Namavarapu Rajeshwar Rao, JJ.
Mr. Gatla Srinivas and others - Appellants
Versus
Mr. Ale Raju & others - Respondents
Writ Appeal Nos.735, 614 and 493 of 2022
Decided On : 09-11-2022
Writ Appeal – Assailing common – Appointment – Held, Therefore, question of granting service weightage to outsourcing employees would not arise – Moreover, learned Single Judge also failed to appreciate that contesting respondents having participated in selection process in pursuance to notification, again cannot claim any benefit contrary to notification and selection process – Orders passed by learned Single judge are liable to be set aside and accordingly they are set aside – However, it is made clear, if contesting respondents come within zone of consideration as per their merit, official respondents shall consider their case and give appointments to various posts which were notified by Public Service Commission – Writ Appeals allowed.
JUDGMENT :
These Writ Appeals are being disposed of by way of this common order since the issue raised in these writ appeals is one and the same.
2. For the sake convenience, the facts in Writ Appeal No.735 of 2022 are discussed hereunder.
3. In W.A. No. 735 of 2022 is filed by the appellants assailing the common order passed by the learned Single Judge in W.P.Nos. 41907 of 2018, 3276 and 4057 of 2019 dated 07.02.2022 discussed hereunder.
4. Heard Mr. P.V. Ramana, Mr.Goda Shiva and the learned Special Government Pleader, for the appellants and Mr. M. Ramgopal Rao, learned standing counsel for Telanagana State Public Service Commission, Sri. CH.Ganesh, Mr. Satyanarayana Rao and Mr. S. Rahul Reddy for the contesting respondents.
5. Learned counsel for the appellants contended that the appellants herein are working on contract basis with the respondents; they are unemployed youth and were fully qualified and eligible to be appointed to the post of Lab-Technician Grade-II, the Telangana State Public Service Commission has issued notification dated 18.12.2017 inviting applications for various posts such as Radiographers, Pharmacist Grade-II and Lab-Technician Grade-II on various dates during the year 2017 & 2018; the appellants responded to the said notification for the post of Lab-Technician-II, and the last date for submission of application for the said post was 24.01.2018; thereafter, written examination was conducted in the month of May, 2018 and the final key was also published in the month of June; the grievance of the appellants herein is that some of the Lab-Technicians Grade-II, who were working on outsourcing basis, approached this Court after participating in the selection process claiming weightage of marks for the service rendered by them on outsourcing basis; in the notification dated 23.12.2017, the method of selection for the appointment to the post of Lab-Technician Grade-II is 70 % marks for written examination and 30 marks for service weightage, and the service weightage would be extended to Lab-Technicians who were already working on contract basis, and in respect of the unemployed candidates (i.e., appellants herein) there is no weightage, and they have to compete along with contract Lab-Technicians, and certain weightage of marks are earmarked for them and the outsourcing employees were not entitled to be granted service weightage.
6. Learned counsel for the appellants has further drawn the attention of this Court to the rules issued by the State Government in G.O.Ms.No.166, dated 09.09.2017; notification issued by the Telangana State Public Service Commission as well as the rules issued in G.O.Ms. No. 166 dated 09.09.2017 make it very clear that there is no service weightage for the persons who were working on outsourcing basis and service weightage was extended only in respect of contract workers who were working on contract basis; the contesting respondents who were working on outsourcing basis, have not participated in the selection process, and having appeared for the written examination, they have turned around and were claiming service weightage of marks by filing W.P.No. 41907 of 2018 before this Court and the learned Single Judge of this Court allowed the said writ petition vide order dated 07.02.2022, by directing the official respondents to extend service weightage even in respect of contesting respondents, who were working on outsourcing basis.
7. Learned counsel for the appellants further contended that, the posts will be filled up by in service candidates (i.e., persons who were working on contract basis) as the rule provide the service weightage in respect of contract employees only, and if the service weightage is extended even to the outsourcing employees, and if anyone of the post which could be filled up by fresh candidates, then the selection process while comprising the merit would be defected, and even if the appellants had secured excellent marks, then also their case would not be considered a
Court affirmed the entitlement to service weightage points for contractual employment, invalidating the outsourcing classification that affected selection.
Alterations to recruitment criteria must adhere to established legal precedents, not infringe upon fair selection principles.
Contractual employees are entitled to weightage in recruitment processes only if appointed through lawful means, adhering to Articles 14 and 16 of the Constitution.
The main legal point established in the judgment is that a writ petition by an outsourced employee against a private entity is not maintainable.
Login now and unlock free premium legal research
Login to SupremeToday AI and access free legal analysis, AI highlights, and smart tools.
Login
now!
India’s Legal research and Law Firm App, Download now!
Copyright © 2023 Vikas Info Solution Pvt Ltd. All Rights Reserved.