Temporary and contractual employees cannot claim regularization based solely on long service without following established recruitment procedures as mandated by the Constitution.

ORDER :

SUREPALLI NANDA, J.

Heard Sri Sridhar Lonkala, learned counsel appearing on behalf of the petitioners and learned Assistant Government Pleader for Medical Health and Family Welfare, Standing Counsel for NIMS and Deputy Solicitor General of India appearing on behalf of the respondents.

2. The petitioners approached the Court seeking prayer as under:

“…issue an order or direction more particularly one in the nature of Writ of Mandamus to declare the rejection orders dated 15/09/2021 in Rc.No.HR6/235/2011/NSCK passed by the Respondent No.2 not regularising the services of the petitioners herein on par with the similar class IV employees vide R.C.No.6/2/DW/92/03 dated 30/08/2003 orders, vide G.O.Ms.No.212 dated 22/04/1994, Finance and Planning (FW.PC.III) Department, Government of Andhra Pradesh, as illegal, arbitrary and unconstitutional violation of Articles 14, 16 and 21 of the Constitution of India besides the Law declared by the Supreme Court of India in Secretary, State of Karnataka and others v. Umadevi case mandating periodic regular recruitment to the sanctioned posts and prays to direct the Respondents herein to regularise the petitioners herein forthwith on par with the already regularised similar daily wage employees vide G.O.Ms.No.212 with all consequential monetary benefits including Minimum Time Scale of Pay by implementing the consent order passed in W.P.No.19225 of 2020 in the interest of justice and pass…”

3. The case of the petitioners in brief as per the averments made in the affidavit filed by the petitioners in support of the present Writ Petition is as under:-

The petitioners herein are the daily wage employees of Nizam’s Institute of Medical Sciences (NIMS), Hyderabad, and are in service since three decades. The petitioners earlier filed W.P.No.16260 of 2021 questioning the action of the respondents in not regularizing their services on par with the similar class IV employees vide orders R.C.No.6/2/DW/92/03 dated 30.08.2003 according to G.O.Ms.No.212 dated 22.04.1994 Finance and Planning (FW.PC.III) Department, Government of Andhra Pradesh. This Court disposed of W.P.No.16260 of 2021 with a direction to the petitioners to submit fresh representation to respondents and on submitting such representation the respondents were directed to consider the same in accordance with law in the light of the decision of the Honourable Supreme Court in State of Karnataka v. Uma Devi. Accordingly, the petitioners submitted representations on 30.08.2021 to respondent No.2, and same were rejected by respondent No.2 vide impugned proceedings dated 15.09.2023. Aggrieved by the same, the petitioners preferred the present writ petition.

4. PERUSED THE RECORD:-

(A) The relevant portion of the impugned Proceedings vide HR6/ 235/ 2011/ NSCK, dated 15.09.2021 issued by the respondent No.2 to one of the petitioners is extracted hereunder:-

The Writ petition filed by the individual vide W.P.No.16260/2021 was disposed of by the Hon’ble High Court by order dated 17.08.2021, the operative portion of the said order reads thus:

“… this Writ Petition is disposed of directing the petitioners to submit a representation afresh within a period of two weeks from the date of receipt of a copy of this order. On receipt of such representation, the respondents shall consider the same in terms of the judgment of the apex Court in Secretary, State of Karnataka and others v. Umadevi and pass appropriate orders, in accordance with law, within a period of eight weeks thereafter.”

The individual/ petitioner was appointed on daily wages through a Contractor on outsourcing basis by calling for tenders. You are working under the Contractor and not under the management of NI MS.