Telangana High Court orders regularisation of long-serving ICDS contract staff

Telangana HC directs the government to regularise over 200 ICDS contract employees who served for decades. The court ruled it illegal to exploit their services and required extension of pension, retirement benefits, and recognition from the date of initial appointment

Hyderabad: Justice Nagesh Bheemapaka of the Telangana High Court has ruled that it is invalid for the government to keep sanctioned posts vacant, continue engaging contract employees for decades, and then compel them to re-compete for the same posts through fresh recruitment notifications.

In 2013, the then-government issued a notification to fill 265 ICDS Supervisor Grade-II posts, offering 15 percent weightage to contract employees already performing those duties. Nearly 200 ICDS contract staff, including Anganwadi teacher Mirabai, challenged the notification, arguing that after serving six to fifteen years, they should not be asked to compete again without regularisation.

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Bobbili Srinivas, counsel for the petitioners, stated that many of them were appointed as early as 1985 and 1987 on a contract basis, despite sanctioned vacancies being available. Their appointments followed proper qualification and selection procedures, and no allegations of incompetence were ever raised. He contended that merely granting weightage without regularisation violated several Supreme Court precedents.

The Government Pleader argued that rules did not permit regularisation of contract staff, noting that the 2013 notification provided 15 percent weightage as recognition of their services and that those not selected could continue as contract employees.

After hearing both sides, the Bench referred to the Supreme Court’s landmark judgment in State of Karnataka vs. Umadevi and noted that the petitions had been pending since 2013. Justice Bheemapaka observed that the State had benefited from the petitioners’ services for decades while keeping sanctioned posts unfilled.

The Court held it was unjust and illegal to exploit their services for years and then require them to compete afresh for the same positions. It directed the government to regularise the petitioners’ services under its powers vested by Article 226 of the Constitution, counting service from the date of initial contract appointment. It also ordered that pension and retirement benefits be extended and clarified that any remaining vacancies may be filled through regular recruitment notifications.