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IN THE HIGH COURT FOR THE STATE OF TELANGANA AT HYDERABAD
SUREPALLI NANDA
Aakutota Urmila – Appellant
Versus
State of Telangana – Respondent
| Table of Content |
|---|
| 1. eligibility for regularization based on prior service. (Para 2 , 3) |
| 2. arguments surrounding outsourcing and employee rights. (Para 4 , 5) |
| 3. importance of fair employment practices. (Para 6) |
| 4. court's directive for reconsideration based on previous judgments. (Para 8 , 9) |
ORDER :
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.
“…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
Temporary and contractual employees cannot claim regularization based solely on long service without following established recruitment procedures as mandated by the Constitution.
The court mandated regularization for longtime temporary employees, emphasizing that states must adhere to constitutional employment principles regarding service continuity after a decade of service.
Long-standing service and fulfillment of criteria establish entitlement for regularization under service law, preventing arbitrary denial of rights.
Long-standing service without a formal appointment does not deny employees the right to regularization; discriminatory treatment of similarly situated employees violates principles of equity and fair....
Regularization of employees with irregular appointments who have served for a significant duration is constitutionally mandated when they fulfill essential duties, emphasizing equity and justice in p....
Long-term employees performing essential and continuous functions may claim regularization after a decade of service, despite previous procedural irregularities.
Regularization of long-serving daily wage employees is mandated after 10 years of service, acknowledging functional continuity despite initial irregularities, violating constitutional rights otherwis....
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