Telangana High Court asks State to examine policy on regularisation of contract staff
The Telangana High Court directed the State government to examine the issue of regularisation of temporary and contract employees, observing that thousands of similar cases were pending and that clear policy guidelines could help resolve disputes and reduce the burden on courts
Hyderabad: Chief Justice Aparesh Kumar Singh and Justice GM Mohiuddin of the Telangana High Court on Thursday directed the State government to examine the issue of regularisation of temporary and contract employees while hearing a writ appeal filed by Jawaharlal Nehru Technological University (JNTU).
The appeal was filed challenging the order of a single judge in a petition filed by A Narasimha, who had questioned a dismissal memo issued by the University.
In his petition, Narasimha sought cancellation of the unilateral memo and requested that he be granted all service benefits from the date of completion of five years of service in terms of GO Ms No. 212 dated April 22, 1994. The single judge, after hearing the matter, had set aside the dismissal memo issued by JNTU and noted that the petitioner had been working as a Record Assistant for nearly two decades. The Court directed the University to regularise his services within four weeks from the date of receipt of the order and to extend consequential benefits including seniority, salary, arrears and promotion from the date of completion of five years of service. Aggrieved by the order, JNTU filed the present appeal before the Division Bench.
During the hearing, the Chief Justice observed that thousands of similar cases relating to temporary and contract employees are pending before the courts. The Bench opined that the issue requires a policy decision by the government. The Court referred to the principles laid down by the Supreme Court in the Umadevi judgment, which held that employees who have been working for long periods in temporary or contractual positions may be considered for regularisation subject to certain conditions.
The Chief Justice also noted that similar directions are being implemented in other States, including Jharkhand. The Bench observed that if appropriate guidelines are framed in accordance with the principles laid down by the Supreme Court, a large number of pending cases could be resolved and the burden on the courts would be significantly reduced.
The Court also noted that no comprehensive Government Order or legislation addressing this issue has been framed in the State since 1993. Accordingly, the Bench requested the Advocate General to bring the issue to the notice of the concerned authorities in the government and take steps for formulation of guidelines regarding regularisation of temporary and contract employees.
The matter was adjourned to April 15 for further hearing. In the meantime, the Division Bench stayed the operation of the order passed by the single judge.
