THE HON’ BLE SRI JUSTICE NAGESH BHEEMAPAKA

WRIT PETITION No.6338 of 2017

ORDER:

The case of the petitioner, as per the writ affidavit, is that he holds

a B.Com (Computer Applications) degree, a Diploma in Computer Applications, and Typewriting Higher Grades in both English (in 2001) and Telugu (in 2002). He was registered with the District Employment Exchange on 29.06.2000, and was selected for the post of Data Entry Operator/Computer Operator by the 4^threspondent (Special Protection Force) through a selection process conducted on 09.07.2008, pursuant to a requisition made to Jyothi Computer Services vide Reference No. JCS/SPF/2008/7/9, dated 09.07.2008, and was appointed by proceedings dated 15.07.2008 on a contractual basis effective from 10.07.2008 in accordance with G.O.Rt.No.2501 Finance (SMPC) Department dated 13.07.2006; and since then the petitioner has served continuously and satisfactorily. The petitioner’s appointment was made against a sanctioned post, and over the years, the State of Andhra Pradesh and, post-bifurcation, the State of Telangana, continued to approve and extend these contractual posts, including through G.O.Rt.No.1640 Home (Services-III) Department dated 14.11.2003, G.O.Rt.No.730 dated 28.05.2005, G.O.Ms.No.13 Finance (HRM-I) dated 01.07.2014, G.O.Rt.No.357 dated 25.10.2014, and G.O.Rt.No.890 dated 13.10.2015, thereby evidencing that the post held by the petitioner is regular in nature. Following G.O.Ms.No.16 Finance (HRM-I) Department dated 26.02.2016, which was issued pursuant to amendments made to the Andhra Pradesh Public Employment (Regulation of Appointments to

Public Services and Rationalisation of Staff Pattern and Pay Structure) Act as adapted to Telangana, providing for regularization of full-time contract employees working as on 02.06.2014 against sanctioned posts, the petitioner, having fulfilled all stipulated conditions under the said G.O. and Memo dated 26.02.2016 (at Annexure P15), submitted representations dated 02.03.2016, 07.06.2016, and 25.06.2016 for regularization. The 1^strespondent, through various memos including Memos dated 10.03.2016, 05.05.2016, 18.05.2016, and 25.05.2016, sought further details from the 4^threspondent, who responded through Letters dated 02.04.2016, 16.05.2016 and dated 20.07.2016, confirming the petitioner’s appointment on contract basis on 10.07.2008 and current eligibility for a vacant Typist post in the department. However, by Memodated 09.09.2016, the 1^strespondent arbitrarily rejected the petitioner’s case for regularization, erroneously treating him as an outsourced employee and stating that the proposal was not in conformity with the applicable guidelines, despite the clear documentary evidence and appointment procedures establishing her status as a contract employee. The 4^threspondent conveyed the government’s decision vide Memo dated 01.10.2016. Alleging that the action of the respondents as arbitrary and discriminatory vis-à-vis the material on record including official G.O.s, memos, and selection orders, the petitioner seeks a direction to the 1^stand 2^ndrespondents to regularize her services as Typist/Data Entry Operator/Junior Assistant against the existing sanctioned vacancy in the office of the 4^threspondent.

2. Heard Mr. A. Rajendra Babu, learned counsel for the petitioner; and Mrs. A. Satyasree, learned Assistant Government Pleader for Services (Home). Perused the record.

3. Learned counsel for the petitionerwould essentially contend that the petitioner, a B.Com (Computers) graduate, has been continuously discharging duties as a Data Entry Operator in the Telangana Special Protection Force since 15.07.2008, having been appointed through Jyothi Computer Services pursuant to Rc.No.A1/92/SPF/04-2008 and G.O.Rt.No.730, Home (Ser-III) Department, dated 28.05.2005, read with G.O.Rt.No.2501, Finance (SMPC) Department, dated 13.07.2006. It is submitted that the nature of the petitioner’s duties and the long tenure of uninterrupted service of over 15 ye