L. Sandeep Kumar Jadhav vs The State Of Telangana on 8 June, 2026

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    Telangana High Court

    L. Sandeep Kumar Jadhav vs The State Of Telangana on 8 June, 2026

    Author: Surepalli Nanda

    Bench: Surepalli Nanda

       IN THE HIGH COURT OF TELANGANA AT HYDERABAD
    
                WRIT PETITION No.35058 OF 2023
    
    
    
    Between:
    
    Sri L.Sandeep Kumar Jadhav
                                                   ... Petitioner
                                 And
    
    The State of Telangana and Others
                                               ... Respondents
    
    JUDGMENT PRONOUNCED ON: 08.06.2026
    
    
         THE HON'BLE MRS. JUSTICE SUREPALLI NANDA
    
    
    1. Whether Reporters of Local newspapers   :    Yes
       may be allowed to see the Judgment?
    
    2. Whether the copies of judgment may be   :    Yes
    
       marked to Law Reporters/Journals?
    
    3. Whether Their Lordships wish to         :    Yes.
       see the fair copy of the Judgment?
    
                            ________________________________
                            MRS. JUSTICE SUREPALLI NANDA
                                    2
    
    
    
    
       IN THE HIGH COURT OF TELANGANA AT HYDERABAD
    
                WRIT PETITION No.35058 OF 2023
    % 08.06.2026
    Between:
    # Sri L.Sandeep Kumar Jadhav
    
                                                 ... Petitioner
                                 And
    
    
    $ The State of Telangana and Others.
    
    
    
                                              ... Respondents
    
    
    > Head Note:
    ! Counsel for the Petitioner         : Sri Pratap Narayan
    Sanghi, learned senior designated counsel representing Sri
    Avadesh Narayan Sanghi,
    ^Counsel for Respondents: G.P for Services-I
    
    
    ? Cases Referred:
    
         (i)    2025 INSC 144
         (ii)   2024 LawSuit(SC) 1209
         (iii) AIRONLINE 2023 SC 702
         (iv) (2023) 16 SCC 458
         (v) AIRONLINE 2022 TEL 242
         (vi) 2023(1) ALD 259 (TS)
         (vii) 2018(2) ALD 282 (DB)
         (viii) SCC ONLINE SC 1735
        (ix) AIR 2026 SC 997
                             3
    
    
    
    
     (xi) The judgment of this Court, dated 06.12.2022
    passed in W.P.No.27602 of 2019
      (xii) The Division Bench order of this Court dated
    25.11.2024 passed in W.A.No.1324 of 2024, dated
    25.11.2024.
      (xiii)The Division Bench order of this Court dated
    10.06.2013 passed in W.A.Nos.782 of 2010 and 854 of
    2012 while uploading the Judgment dated 08.09.2010
    passed in W.P.No.24377 of 2007 and C.C.No.48 of 2008
     xiv)   The Division Bench order of this Court dated
    
    21.04.2020 passed in I.A.Nos.1 of 2020 in 1 of 2019
    
    and W.P.No.23057 of 2019
    
     (xv) SLP No.32847 of 2024
                                     4
    
    
    
    
         IN THE HIGH COURT OF TELANGANA AT HYDERABAD
    
            HON'BLE MRS. JUSTICE SUREPALLI NANDA
    
                WRIT PETITION No.35058 OF 2023
                          DATED 08.06.2026
    
    
    Between:
    
    Sri L.Sandeep Kumar Jadhav
                                                      ... Petitioner
                                  And
    
    The State of Telangana and Others
                                                    ... Respondents
    ORDER:

    Heard Sri Pratap Narayan Sanghi, learned senior

    designated counsel representing Sri Avadesh Narayan

    SPONSORED

    Sanghi, learned counsel appearing on behalf of the

    petitioner on record and learned Government Pleader for

    Services-I appearing on behalf of the respondents.

    2. The petitioner approached the Court seeking prayer

    as under:

    “… to issue appropriate Writ Order or direction more
    particularly one in the nature of Writ of Mandamus by
    declaring the action of the respondent in not considering
    my case for regularization as wholly illegal, arbitrary and
    unconstitutional and violative of Article 14, 16 and 21 of
    Constitution of India and consequently direct the
    respondents to consider my case for regularization with
    effect from my original date of appointment i.e.,16.12.
    2006 with all consequential benefits in the interest of
    justice and pass…”

    5

    3. The case of the petitioner, in brief, as per the

    averments made by the petitioner in the affidavit by the

    petitioner in support of the present writ petition, is as

    under:

    The petitioner possesses qualifications of M.A. (Hindi),

    M.P.Ed., M.Phil., and Ph.D. in Physical Education. The petitioner

    was initially appointed as Physical Director in Osmania Medical

    College pursuant to proceedings dated 16.12.2006 after

    undergoing a selection process. Subsequently, the Government

    issued G.O.Rt. No. 86 dated 24.01.2007 for filling four posts of

    Physical Directors in various medical colleges. Upon selection,

    the petitioner was appointed on a contract basis through

    proceedings dated 15.06.2007. Thereafter, a Selection

    Committee vide proceedings Rc.No.CDS/OMC/2008/1920 dated

    07.07.2008, appointed the petitioner as a full-time contract

    Physical Director.

    It is further the case of the petitioner that since

    16.12.2006, the petitioner has been continuously discharging

    duties as Physical Director without interruption, though

    petitioner’s appointment was described under different

    nomenclatures such as outsourcing, part-time, and contract
    6

    employment and there was no change in duties or service

    conditions despite such reclassification. Following the filing of

    O.A. Nos. 7915 of 2008 and 6905 of 2009 by similarly situated

    employees, the petitioner filed W.P.(TR) No. 1883 of 2017,

    wherein this Court, by order dated 20.03.2019, directed

    consideration of petitioner’s representation dated 20.01.2014.

    However, petitioner’s claim was rejected through proceedings

    dated 25.02.2020. Aggrieved thereby, petitioner had filed W.P.

    No. 13106 of 2020 seeking regular pay scale benefits.

    Subsequently, relying on G.O.Ms. No. 38 dated 30.04.2023,

    under which similarly situated employees were regularized, the

    petitioner had filed the present writ petition seeking

    regularization of petitioner’s services from 16.12.2006 with all

    consequential benefits.

    4. PERUSED THE RECORD:

    A. The proceedings vide Rc.No.CDS/OMC/2007, dated

    15.06.2007 issued by the respondent No.3 in favour of the

    petitioner is extracted hereunder:-

    With reference to the above cited, I am to inform you
    that Sri. L. Sandeep Kumar, Jadav, is appointed as
    Physical Director in this College on third party
    contract basis for a period of 11 Months with
    consolidated pay of Rs. 6,000.00 (Rupees Six
    7

    Thousand Only.) per month with following terms and
    conditions.

    1. He should assist the existing Physical Director in
    Maintaining the Ground and Guiding the Students in
    various Games.

    2. He should work 01 hours in the Morning from 7.30 A.Μ.

    to 08.30 A.M. and from Evening 4.00 PM. to 07.00 P.M. in
    the evening.

    3. He should help in university selections which will be held
    at O.M.C., or else where.

    4. He should assist the Principal, in all the sports activities
    in the College.

    5. He can be terminated at any time if the committee is
    not satisfied by his work.

    6. The Salary Cheque will be paid in the name of the firm.

    7. He should sign the attendance in the Principal, Peshi
    Every Day.

    The Salary will be paid from College Development Fund
    after obtaining the satisfactory certificate from Vice
    Principal, OMC, Hyderabad, and Sports Advisor of this
    College,

    B. The letter vide Rc.No.CDS/OMC/2009, dated

    20.06.2009 addressed by the respondent No.3 to the

    Deepthi Social Organization is extracted hereunder:-

    With reference to the subject cited, I am to inform you that
    Sri L.Sandeep kumar Jadhav, sponsored earlier from your
    firm as Physical Director has been re-appointed in view
    of Inter medical College Sports and Games which are
    going to be held in this College with a consolidated
    pay of Rs.6,000/- P.M. with following terms & conditions
    for a period of (6) months from the date of reporting to
    8

    duty. 1.He should sign the Attendance at the Principal
    Peshi everyday.

    2.He should work from 10.00 A.M. to 5.00 P.M. everyday.

    3. He is appointed to assist the Principal and Students in all
    Sports events held in this college and any events held out
    of the college.

    4. He should work for extra hours if necessary.

    5.He can be terminated at any time without assigning any
    reasons and if committee is not satisfied by his work.

    6. His salary will be paid from the ADF budget allotted to
    this college.

    The salary will be paid after obtaining satisfactory
    certificate and Attendance from Vice-Principal and
    Assistant Director (Admn.), OMC, Hyd

    C. The relevant portion of the proceedings vide

    Rc.No.CDS/OMC/2015/473/906, dated 19.05.2015

    addressed by the 3rd respondent to the respondent No.2 is

    extracted hereunder:-

    The Government vide Memo No 6373/A2/2011 Dt. 13.10.2011
    has requested to furnish proposals as per Cir. Memo. No. 11606-
    B/419/A2/SMPC/2009, Fin Dept., dates 24-04-2009 for taking
    further action on the request of Sri. L.Sandeep Jadhav as
    Physical Director for extension of contract period and
    payment of salary under 300 OCS for which it has been
    ordered to obtain the communication from the office of the DME.
    AP., but the proposals have been forwarded (Copy enclosed )vide
    16th cited
    9

    D. The relevant portion of the order, dated 20.03.2019

    passed in W.P.(TR) No.1883 of 2017 is extracted

    hereunder:-

    “This Court, having considered the rival submissions,
    is of the considered view that the writ petition can
    be disposed of directing the respondents to consider
    the representation submitted by the petitioner,
    dated 20.01.2014, and pas appropriate orders, in
    accordance with law, within a period of eight weeks
    from the date of receipt of copy of this order.”

    E. The proceedings vide Rc.No.16153/G2/2019, dated

    25.02.2020 of the 2nd respondent is extracted hereunder:-

    With reference to the letter of the Principal, Osmania Medical
    College, Hyderabad vide reference 1″ and 2nd cited and keeping
    in view of the representation of Sri L.Sandeep Kumar Jadhav,
    working as Physical Director on outsourcing basis( through
    third party agency) is examined as per rules and it is informed
    that it is not feasible to draw salary from 300 OCS as his services
    are being used by the Principal, Osmania Medical College,
    Hyderabad from CDS i.e College Development Society.

    Hence the representation Dt. 20-1-2014 of L. Sandeep Kumar
    Jadhav, Physical Director have been examined and rejected.

    F. The relevant portion of the G.O.Ms.No.38, dated

    30.04.2023 is extracted hereunder:-

    2. The above administrative departments and HoDs shall take
    necessary further action for issue of individual name-wise orders
    and appointment orders in terms of the proposals submitted by
    them, They shall also ensure that the appointments are made
    against sanctioned clear vacancies, no senior eligible person is
    overlooked or omitted and due verification of the relevant
    documents/certificates is made.

    10

    G. The proceedings vide Lr.Rc.No.CDS/OMC/2006, dated

    30.12.2006 addressed by the respondent No.3 to the M/s.

    Deepthi Social Organization, Hyderabad is extracted

    hereunder:-

    M/s, Deepthi Social Organisation, Hyderabad is hereby
    informed that the services of Sri Sandeep Kumar Jadhav,
    Physical Director as sponsored by you has been accepted
    with consolidated pay of Rs.. 6000/-per month under the
    supervision of the sports advisor Dr. Kumara Swamy Tutor
    in Anatomy Dept of Osmania Medical College, Hyderabad.

    H. Memo No.6373/A.2/2011, dated 14.12.2012 issued by

    the Health,Medical and Family Welfare (A.2) Department,

    Government of Andhra Pradesh is extracted hereunder:-

    ” The attention of the Director of Medical Education,
    Hyderabad is invited to the reference cited and he is
    requested to examine to fill up the vacant posts of
    Physical Directors on regular basis and furnish a
    report to Government for taking further action in the
    matter.

    I. The letter vide Rc.NO.19568/E3.C/2009, dated

    12.03.2013 addressed by the respondent No.2 to the

    Principal Secretary to Government, Health, Medical &

    family Welfare Department, A.P., Secretariat, Hyderabad

    is extracted hereunder:-

    I invite kind attention of the Government to the reference cited
    on the above subject, I have to state that the subject matter has
    been examined based on the information received from the
    teaching institution while requesting for extension of contract
    11

    period of the Physical Directors working in the teaching
    institutions and it is found that, the services of the Physical
    Directors in the teaching institutions are very essential as per the
    MCI norms.

    Further, I am to inform that, as per the SMPC G.O.Ms.No.

    487. dt. 03-03-2010, the total cadre strength of the Physical
    Director in the state under the administrative control of the
    Director of Medical Education, A.P., Hyderabad in the teaching
    institutions are 12 posts. Out of it two Physical directors on
    regular basis i.e. one is at SV.Medical College, Tirupathi and
    another one is at Siddhartha Medical College, Vijayawada. Two
    posts of Physical Directors which are sanctioned to Government,
    Medical College, Ananthapur and Rangaraya Medical College,
    Kakinada, on temporary basis and remaining posts of Physical
    Directors are fallen vacant and some was occupied by the
    contract based and out sourcing employees le., at (1)
    Osmania Medical College, Hyderabad (2) Gandhi Medical
    College, Secunderabad (3) Guntur Medical College. Guntur (4)
    Kurnool Medical College, Kurnool (5) Government Dental College
    & Hospital, Hyderabad (6) Government Dental College &
    Hospital, Vijayawada (7) Andhra Medical College, Visakhapatnam
    (8) Kakatiya Medical College, Warangal etc.

    Further, as per the Government orders issued in G.O.Ms.No.
    154, HM&FW (A2) Dept., dt: 04-05-2012. The following is the
    methods of appointment to the post of Physical Director

    I. (1) By appointment by transfer from the category of Physical
    Director (Non-Gazetted) working in Medical Colleges.

    (2) If no suitable or eligible candidates is available for
    appointment by method (1) above by Direct recruitment.

    II Rule (5) Qualification.

    Must posses a Degree in Physical Director of Government College
    of Physical Education. Hyderabad or a Diploma in Physical
    Education in YMCA college of Physical Education. Saidapet or if
    any recognised Institution or an equivalent qualification.

    III. The existing scale to the post of Physical Director is Rs.
    20680-46960.

    12

    Therefore, I request the Government to issue necessary orders
    in the matter at an early date.

    J. The proceedings, vide Rc.No.1324/Estt/OMC

    Hyd/2019, dated 11.12.2019 addressed by the respondent

    No.3 to the respondent No.2 is extracted hereunder:-

    With reference to subject cited, the following certain information
    pertains to the Post of Physical Director for appointment at Osmania
    Medical College Hyderabad submitting for taking necessary action.

    It has been given understand vide L.r. No. 19568/E3.C/2009 dated 11-
    10-2009, to take action for appointment of Physical Director post on
    contract basis at OMC Hyderabad, duly following the procedure laid
    down in the GO.Ms.No. 1040 HM&FW(A2) Department, dated
    22.09.2001. But, due to not obtaining of approval from the Director
    Medical Education AP Hyderabad, the appointment of Physical Director
    on contract basis procedure is been cancelled and the matter was
    taken up to the notice of the Director of Medical Education AP
    Hyderabad vide reference 1 cited.

    with Accordingly, a letter was addressed to the Government vide
    reference 2nd cited with a request to issue necessary orders on the
    letter submitted by the Principal OMC vide reference 1st cited for
    appointment and extension of contract services of Physical Director,
    under 300 OCS.

    Further, the Government has instructed to furnish the proposals as per
    the Circular Memo No.11606-B/4/19/A2/SMPC/2009 Fin(SMPC) Dept.
    dated 24-4-2009 for extension of contract period and payment of
    salary to the contract employee under 300 OCS vide reference 3rd
    cited. Consequently, a detailed proposal was submitted to the
    Government vide reference 4th and 5th cited.

    Later, the Government have asked to examine towards fill up the
    vacant posts of Physical Directors on regular Basis and furnish a report
    to the Government for taking necessary action vide reference 6th
    cited.

    In accordance to the Government Memo, a report has been submitted
    to the Government vide reference 7th cited and no any other orders
    have been received as on date in the said matter by this office.
    13

    Further, the Government have requested the Commissioner, of
    Collegiate Education Hyderabad to offer her remarks on the feasibility
    of deputation of Physical Directors working under her control of DME If
    so, and furnish the necessary proposals to this department. Vide
    reference 8th cited.

    In connection with the above, the Commissioner of Colegiate
    Education has offered here remarks in the letter vide reference 9th
    cited stating that, the Department of Collegiate Education cannot spare
    the services of Physical Director on deputation basis to the Department
    of Medical Education Hyderabad.

    In view of the all above, I am to state that, the post of
    Physical Director which is vacant since long period at OMC
    Hyderabad on regular basis sanctioned vide G.O.Ms.No.132 Fin
    (SMPC) dated 08.06.2007 and the Medical Council of India
    (Team) has insisted to fill up the post immediately on regular
    basis.

    Therefore, I request you to kindly arrange to notify the
    vacancy of Physical Director (1) at Osmania Medical College,
    Hyderabad towards to fill up on regular basis.

    DISCUSSION AND CONCLUSION:-

    5. The Learned Counsel appearing on behalf of the

    petitioner mainly puts forth the following submissions:

    a) Despite petitioner’s qualifications and long years of service,

    the petitioner had been subjected to arbitrary treatment by the

    respondents depriving the petitioner of regularization and service

    benefits for more than two decades.

    b) Pursuant to a notification issued by Osmania Medical

    College, the petitioner was selected through a due selection
    14

    process and had been appointed as Physical Director vide

    proceedings dated 16.12.2006.

    c) Subsequently, the Government issued G.O.Rt. No. 86, dated

    24.01.2007, proposing to fill four posts of Physical Director in

    various Medical Colleges, including Osmania Medical College. The

    petitioner applied for the said post and, upon selection, the

    petitioner was appointed on contract basis vide proceedings

    dated 15.06.2007, though the petitioner had continued to

    discharge the same duties of Physical Director.

    d) Thereafter, a Selection Committee constituted by the

    competent authority again selected the petitioner and appointed

    the petitioner as a full-time Physical Director on contract basis

    vide Proceedings Rc. No. CDS/OMC/2008/1920, dated

    07.07.2008.

    e) The appointment by contract is one of the recognized modes

    of recruitment under Rule 4 of the Telangana State and

    Subordinate Service Rules and that, notwithstanding changes in

    nomenclature such as outsourcing, part-time or contract

    employee, the petitioner has continuously worked as Physical

    Director without any interruption from 16.12.2006 onwards.
    15

    f) There exists a sanctioned vacancy of Physical Director

    in Osmania Medical College and that the petitioner has

    been working against the said vacancy since 2006.

    g) Two similarly situated Physical Directors, namely T. Rajendra

    Raj and Stanley Jones, had approached the erstwhile

    Administrative Tribunal and were continued in service. However,

    after they secured alternative employment elsewhere and

    discontinued their services, the petitioner alone continued to

    discharge duties uninterruptedly in the college.

    h) Aggrieved by the respondents’ stand that petitioner’s case

    could not be considered in view of the Tribunal orders passed in

    O.A. No. 7915 of 2008 and O.A. No. 6905 of 2009, the petitioner

    filed W.P. (Tr.) No. 1883 of 2017 before this Court. By order

    dated 20.03.2019, this Court directed the respondents to

    consider petitioner’s representation dated 20.01.2014. However,

    the respondents, through proceedings dated 25.02.2020,

    rejected petitioner’s claim for grant of regular scale of pay under

    G.O.Ms. No. 300, without properly considering petitioner’s

    continuous service and claim for regularization.

    i) Challenging the proceedings dated 25.02.2020 and seeking

    the regular scale of pay attached to the post of Physical Director,
    16

    the petitioner filed W.P. No. 13106 of 2020. Despite continuously

    performing duties in a regular post for several years, the

    respondents have repeatedly altered the nomenclature of

    petitioner’s appointment solely to deny petitioner’s regular status

    and attendant service benefits, while extracting services identical

    to those rendered by regular employees.

    j) The Government issued G.O.Ms. No. 38, dated 30.04.2023,

    notifying various vacancies and extending the benefit of

    regularization to several similarly situated employees. The said

    G.O. also included a vacancy of Physical Director under the

    Director of Medical Education, which, continues to remain vacant.

    k) Despite petitioner’s uninterrupted service from 16.12.2006

    and availability of vacancies, the respondents have failed to

    consider petitioner’s case for regularization, thereby acting

    arbitrarily and discriminatorily in violation of Articles 14, 16 and

    21 of the Constitution of India.

    Based on the aforesaid submissions, the learned

    counsel appearing on behalf of the petitioner contends

    that the petitioner is entitled for the regularization of

    petitioner’s services with effect from 16.12.2006 with all

    consequential benefits.

    17

    6. The learned Government Pleader for Services-I

    appearing on behalf of the respondents mainly puts forth

    the following submissions:

    a) The petitioner was never appointed by the Government

    through any regular recruitment process. On 16.12.2006, a

    third-party outsourcing agency, Deepthi Social

    Organisation, forwarded two names to Osmania Medical

    College for engagement on a one-year contract basis, one

    of whom was the petitioner. This correspondence itself

    established that the engagement was purely through an

    outsourcing agency.

    b) Pursuant thereto, on 30.12.2006, the Principal, Osmania

    Medical College, informed Deepthi Social Organisation that

    the services of the petitioner as Physical Director had been

    accepted on a consolidated monthly remuneration under

    the supervision of the Sports Advisor. This arrangement

    clearly demonstrated the absence of any employer-

    employee relationship between the petitioner and the

    Government.

    c) The reliance is placed upon G.O.Rt. No. 86 dated

    24.01.2007, whereby the Director of Medical Education

    was permitted to engage four Physical Directors through
    18

    outsourcing agencies for a period of one year and that the

    Government itself sanctioned only outsourced

    engagements and not regular appointments.

    d) Upon completion of the academic year, the petitioner’s

    services were terminated on 30.04.2007. Subsequently,

    owing to institutional requirements, the petitioner was re-

    engaged on 15.06.2007 for eleven months through the

    same outsourcing agency. Such- repeated engagements

    and disengagements negate any claim of continuous

    service.

    e) In June 2008, a fresh process was undertaken for engaging

    a Physical Director on a contract basis. The petitioner was

    again engaged on 07.07.2008. Around the same time,

    another candidate, Sri T. Rajender Raj, was selected and

    appointed through a different outsourcing agency pursuant

    to G.O.Rt. No. 1291 dated 16.08.2008.

    f) Following interim orders passed by the Andhra Pradesh

    Administrative Tribunal in O.A. No. 7915 of 2008 filed by

    Sri T. Rajender Raj, the petitioner’s services were

    terminated on 04.10.2008 and Rajender Raj was continued

    in the post. Thereafter, the petitioner sought re-

    engagement through a representation dated 11.05.2009
    19

    and was once again engaged through Deepthi Social

    Organisation on 20.06.2009 for a limited period.

    g) The petitioner subsequently filed W.P. (TR) No. 1883 of

    2017 seeking continuation of petitioner’s services. By order

    dated 20.03.2019, this Court directed consideration of

    petitioner’s representation. Thereafter, a speaking order

    dated 25.02.2020 rejected petitioner’s claim, specifically

    recording that regular salary could not be drawn from

    Government funds and that petitioner’s services were

    being utilized through the College Development Society.

    Significantly, this speaking order has never been

    challenged.

    h) The present writ petition seeking regularization from the

    date of initial engagement is wholly misconceived. The

    petitioner was at all times a third-party contractual worker,

    engaged, terminated and re-engaged depending upon

    institutional necessity. He never held a sanctioned post,

    never underwent a constitutional recruitment process, and

    never acquired any legal right to regularization.

    i) The judgments relied upon by the petitioner are

    distinguishable on facts. In those cases, the employees had

    undergone recognized selection processes, rendered
    20

    uninterrupted service for long durations, worked against

    sanctioned posts, or established discrimination through

    regularization of similarly situated persons. None of those

    factors exist in the present case.

    j) Reliance is placed on the Division Bench judgment of this

    court dated 19.11.2024 in W.P.No.10744 of 2023 in”V.

    Praveen Kumar v. State of Telangana” which declared

    Section 10-A of the “Telangana Regulation of Appointments

    to Public Services and Rationalisation of Staff Pattern and

    Pay Structure Act, 1994” as unconstitutional and held that

    contractual employees cannot thereafter be regularized.

    Based on the aforesaid submissions, the learned

    Government Pleader for Services-I appearing on behalf of

    the respondents contends that the present writ petition

    needs to be dismissed.

    7. The learned Government Pleader for Services-I

    appearing on behalf of the Respondents placed reliance

    upon the following judgments in support of respondent’s

    case:-

    • Secretary, State of Karnataka& Ors v. Umadevi &
    Ors
    , (2006) 4 SCC 1
    21

    • Indian Drugs & Pharmaceuticals Ltd. v. Workmen,
    Indian Drugs & Pharmaceuticals Ltd.
    , (2007) 1
    SCC 408

    • Full Bench Judgment in W.P. No. 27295 of
    1998dated 09.11.2009

    • State of Jammu & Kashmir& Ors v. District Bar
    Association, Bandipora
    (2017) 3 SCC 410

    • Vibhuti Shanker Pande v. State of Madhya
    Pradesh
    , (2023) 3 SCC 639

    • Ganesh Digamber Jambhrunkar v. State of
    Maharashtra
    , 2023 LiveLaw (SC) 801

    • V. Praveen Kumar v. State of Telangana, W.P. No.
    10744 of 2013 & batch, Judgment dated
    19.11.2024

    • Satish Chander Sharma v. State of Himachal
    Pradesh
    in W.P. (Civil) No. 179 of 2018, Judgment
    dated 16.04.2025

    • M.D. Raheem v. State of Telangana W.P. No.
    34477 of 2023, Judgment dated 11.07.2025

    8. This Court on perusal of record makes the following

    observations and notes them down as follows:-

    i) The limited relief sought for by the petitioner is a

    direction to the respondents to consider the request of

    the petitioner for regularization with effect from the date
    22

    of the original appointment of the petitioner i.e.,

    16.12.2006 along with all consequential benefits.

    ii) The petitioner herein had been appointed as

    Physical Director of Osmania Medical College, Hyderabad

    on a third party contract basis and to that effect, the

    respondent No.3 addressed a letter, vide

    Lr.Rc.No.CDS/OMC/2006, dated 30.12.2006 (referred to

    and extracted above) informing M/s. Deepthi Social

    Organization, Hyderabad that the services of the

    petitioner as Physical Director as sponsored by the M/s.

    Deepthi Social Organization had been accepted on a

    consolidated pay of Rs.6,000/- per month under the

    supervision of Dr.Kumara Swamy, Sports Advisor and

    Tutor in Anatomy Dept., of Osmania Medical College,

    Hyderabad.

    iii) The petitioner vide Rc.No.CDS/OMC/2007, dated

    15.06.2007 (referred to and extracted above) addressed

    by the respondent No.3 to the M/s. Deepthi Social

    Organization, Hyderabad, was informed that the petitioner

    had been appointed as Physical Director of Osmania

    Medical College on a 3rd party contract basis for a period
    23

    of 11 months on a consolidated pay of Rs.6,000/- per

    month subject to certain specific terms and conditions.

    iv) The letter vide Rc.No.CDS/OMC/2009, dated

    20.06.2009(referred to and extracted above) issued by

    the respondent No.3 to the M/s.Deepthi Social

    Organization, again intimated that the petitioner had

    been reappointed as Physical Director of Osmania Medical

    College on 3rd party contract basis for a period of six

    months from the date of reporting to duty.

    v) That vide Memo No.6373/A.2/2011, dated

    14.12.2012 (referred to and extracted above) the

    respondent No.1 requested the respondent No.2 to

    examine the feasibility of filling up the vacant posts of

    Physical Directors on a regular basis and to furnish a

    report to Government for taking further action in the

    matter, specifically referring to the appointment of the

    petitioner herein as Physical Director on a contract basis

    at Osmania Medical College, Hyderabad under 300 OCS.

    vi) That vide letter Rc.NO.19568/E3.C/2009, dated

    12.03.2013 (referred to and extracted above) respondent
    24

    No.2 had requested the 1st respondent herein to issue

    necessary orders pertaining to the subject issue of

    appointment of the petitioner as Physical Director on

    contract basis at Osmania Medical College at Hyderabad

    under 300 OCS.

    vii) That the letter vide Rc.No.CDS/OMC/2015/473/906,

    dated 19.05.2015 addressed by the 3rd respondent to the

    respondent No.2 sought certain clarifications and detailed

    information pertaining to the termination and subsequent

    reappointment to the post of Physical Director in Osmania

    Medical College on a 3rd party contract basis.

    Viii) The last few paragraphs of the said proceedings,

    dated 19.05.2025 clearly indicate that the vide memo

    No.6373/A2/2011, dated 13.10.2011 a request had bee

    made to furnish proposals as per Circular Memo

    No.11606-B/419/A2/SMPC/2009, Finance Department,

    dated 24.04.2009, for taking further action on the request

    of the petitioner herein for extension of the contract

    period and payment of salary under 300 OCS.
    25

    ix) It was also directed that the communication be

    obtained from the office of the DME, A.P., and further the

    salary of the petitioner had been enhanced from Rs.6,000

    to Rs.12,000/-per month, which is being paid from the

    Academic Development Fund.

    x) This Court passed orders, dated 20.03.2019 in

    W.P.(TR) No.1883 of 2017 filed by the petitioner herein,

    directing the respondents therein to consider the

    representation of the petitioner, dated 20.01.2014

    pertaining to continuation of the petitioner herein in

    service as Physical Director at Osmania Medical College,

    within a period of eight weeks from the date of receipt of

    copy of the order in accordance to law.

    xi) Proposals had been submitted for filling the vacant

    post of Physical Director at Osmania Medical College at

    Hyderabad on a regular basis, as the post had remained

    vacant for a considerable period and the proposal sought

    notification of the said post to the concerned Authority for

    recruitment on regular basis as reflected in the

    proceedings, dated 11.12.2019 of the 3rd respondent.
    26

    xii) Proceedings, dated 11.12.2019 clearly indicates that

    the Government had vide Memo, dated 14.12.2012

    directed the Authorities to examine the issue of filling up

    the vacant post of Physical Director on a regular basis

    and furnish a report to the Government for taking

    necessary action. In response to the Government Memo, a

    report had been submitted to the Government vide letter,

    dated 12.03.2013 by the 2nd respondent.

    xiii) The last two paragraphs of the said letter, dated

    11.12.2019 (referred to and extracted above) clearly

    indicate that the post of Physical Director sanctioned vide

    G.O.Ms..No.132, Fin(SMPC) Dept., dated 08.06.2007 had

    remained vacant for a long period at OMC Hyderabad. The

    letter further requested that the said post be filled

    immediately on a regular basis and specifically sought

    notification of the vacancy of Physical Director (01) at

    Osmania Medical College Hyderabad towards to fill up on

    regular basis.

    xiv) The request made by the petitioner in pursuance to

    the orders of this Court, dated 20.03.2019 passed in

    WP(TR) No.1883 of 2017 was however rejected without
    27

    assigning any reasons by the respondent No.2 vide

    proceedings, dated 25.02.2020 (referred to and extracted

    above) vide the said proceedings, dated 25.02.2020, the

    petitioner had been informed that the request of the

    petitioner to continue the petitioner as Physical Director

    on an outsourcing basis through the 3rd party agency is

    not feasible and also the payment of salary under 300

    OCS is not permissible, since the petitioner’s services are

    being utilized by the Osmania Medical College, Hyderabad

    through CDS i.e., College Development Society.

    xv) That vide G.O.Ms.No.38, dated 30.04.2023 orders

    had been issued permitting the regularization of eligible

    contract personnel against the sanctioned posts in terms

    of the orders issued vide G.O.Ms.No.16, Finance (HRM.I)

    Department, dated 26.02.2016 and the post of one (01)

    Physical Director (Gazetted) is notified in the said

    detailed G.O.ms.nO.38, dated 30.04.2023. The

    Government further directed the concerned Department to

    take necessary action for issuance of individual

    name- wise appointment orders in terms of the proposals

    submitted by them. The said G.O. also mandated the
    28

    Administrative departments and HoDs to ensure that the

    appointments are made only against sanctioned clear

    vacancies and that no senior eligible person is overlooked

    or omitted and due verification of the relevant

    documents/certificates was also directed.

    9. This Court opines that the proceedings, dated

    25.02.2020 passed by the respondent no.2 in pursuance

    to the orders of this Court, dated 20.03.2019 passed in

    W.P.(TR) No.1883 of 2017, is an order passed without

    application of mind, in a routine mechanical manner

    contrary to there own records i.e., proceedings, dated

    11.12.2019 and also the G.O.Ms.No.38, dated 30.04.2023.

    10. Learned Government Pleader for Services-I

    appearing on behalf of the respondents opposed the grant

    of relief as prayed for by the petitioner mainly on the

    following grounds:-

    i) The petitioner is a 3rd party contract employee

    ii) There is no continuity of service in respect of the

    petitioner.

    29

    iii) There is no employer -employee relationship between

    the petitioner and the respondents at any point of time,

    since the date of petitioner’s appointment till on date.

    iv) Once, the petitioner had accepted the terms and

    conditions of the appointment, the petitioner cannot turn

    back and filed the present writ petition seeking the relief

    which is not part of the contract at any point of time.

    v) The petitioner had not been appointed through any

    constitutional or statutory recruitment process as such

    the relief sought for by the petitioner cannot be granted.

    11. The judgments relied upon by the learned Senior

    designated counsel appearing on behalf of the petitioner

    do not apply to the facts of the present case. The said

    judgments have no relevancy since the petitioner had

    been appointed through third party contract and there is

    no employer-employee relationship. The petitioner was

    appointed through a correspondence between the 3rd

    party agency and Osmania Medical College. There was no

    approval of any regular post of Physical Director at any

    point of time and that no proposal had been sent to the

    Government for sanction of the said post.

    30

    Based on the aforesaid submissions, the Learned

    Government Pleader for Services-I appearing on behalf of

    the respondents contended that the no relief can be

    granted to the petitioner herein.

    12. This Court opines that the pleas put-forth by the

    Learned Government Pleader for Services-I appearing on

    behalf of the respondents that there is no approval of

    regular post of Physical Director at any point of time and

    that no proposal had ever been sent to the Government

    for sanction of post is contrary to the contents of the

    proceedings, dated 11.12.2019 of the 3rd respondent

    addressed to the 2nd respondent (referred to and

    extracted above) and also G.O.Ms.No.38, dated

    30.04.2023 which specifically refers to the regularization

    of the service of the contract personnel.

    13. This Court opines that the 2nd respondent while

    issuing proceedings in pursuance to the order, dated

    20.03.2019 passed in W.P(TR)No.1883 of 2017, did not

    take into consideration of the relevant material

    correspondence exchanged between the Authorities

    concerned on the subject issue. The 2nd respondent
    31

    mechanically rejected the request of the petitioner for

    continuation of the petitioner in service for the post of

    Physical Director by merely stating that the same is not

    feasible. The proceedings, vide Rc.No.16153/G2/2019,

    dated 25.02.2020 of the 2nd respondent are admittedly

    without application of mind in a routine casual manner

    and contrary to their own records.

    14. This Court opines that the request of the petitioner

    for grant of the prayer as sought for in the present writ

    petition to consider the case of the petitioner for

    regularization w.e.f. petitioner’s original date of

    appointment i.e., 6.02.2006 with all consequential

    benefits, needs to be considered in view of the clear

    observations in various Courts’ judgments (referred to

    and extracted below):-

    A. The judgment of the Apex Court dated 20.12.2024,

    reported in 2024 LawSuit(SC) 1209 in Jaggo Anita and

    others v. Union of India and others, and the relevant

    paragraph Nos.12, 13, 24, 26, 27 and 28 are extracted

    hereunder:

    32

    “12. Despite being labelled as “part-time
    workers,” the appellants performed these
    essential tasks on a daily and continuous basis
    over extensive periods, ranging from over a
    decade to nearly two decades. Their engagement
    was not sporadic or temporary in nature, instead,
    it was recurrent, regular, and akin to the
    responsibilities typically associated with
    sanctioned posts. Moreover, the respondents did
    not engage any other personnel for these tasks
    during the appellants tenure, underscoring the
    indispensable nature of their work.

    13. The claim by the respondents that these
    were not regular posts lacks merit, as the nature
    of the work performed by the appellants was
    perennial and fundamental to the functioning of
    the offices. The recurring nature of these duties
    necessitates their classification as regular posts,
    irrespective of how their initial engagements were
    labelled. It is also noteworthy that subsequent
    outsourcing of these same tasks to private agencies
    after the appellants’ termination demonstrates the
    inherent need for these services. This act of
    outsourcing, which effectively replaced one set of
    workers with another further underscores that the work
    in question was neither temporary nor occasional.

    24. The landmark judgment of the United State in
    the case of Vizcaino v Microsoft Corporation [97 F.3d
    1187 (9th Cir. 1996)] serves as a pertinent example
    from the private sector, illustrating the consequences
    of misclassifying employees to circumvent providing
    benefits. In this case, Microsoft classified certain
    workers as independent contractors, thereby denying
    them employee benefits. The U.S. Court of Appeals for
    the Ninth Circuit determined that these workers were,
    in fact, common-law employees and were entitled to
    the same benefits as regular employees. The Court
    noted that large Corporations have increasingly
    adopted the practice of hiring temporary employees or
    independent contractors as a means of avoiding
    payment of employee benefits, thereby increasing their
    profits. This judgment underscores the principle that
    the nature of the work performed, rather than the label
    assigned to the worker, should determine employment
    33

    status and the corresponding rights and benefits. It
    highlights the judiciary’s role in rectifying such
    misclassifications and ensuring that workers
    receive fair treatment.

    26. While the judgment in Uma Devi (supra) sought
    to curtail the practice of backdoor entries and ensure
    appointments adhered to constitutional principles, it is
    regrettable that its principles are often misinterpreted
    or misapplied to deny legitimate claims of long serving
    employees. This judgment aimed to distinguish
    between “illegal” and “irregular” appointments.
    It categorically held that employees in irregular
    appointments, who were engaged in duly
    sanctioned posts and had served continuously for
    more than ten years should be considered for
    regularization as a one-time measure. However,
    the laudable intent of the judgment is being subverted
    when institutions rely on its dicta to indiscriminately
    reject the claims of employees, even in cases where
    their appointments are not illegal, but merely lack
    adherence to procedural formalities.
    Government
    departments often cite the judgment in Uma Devi
    (supra) to argue that no vested right to regularization
    exists for temporary employees, overlooking the
    judgment’s explicit acknowledgment of cases where
    regularization is appropriate. This selective
    application distorts the judgment’s spirit and
    purpose, effectively weaponizing it against
    employees who have rendered indispensable
    services over decades.

    27. In light of these considerations, in our opinion, it
    is imperative for government departments to lead by
    example in providing fair and stable employment.

    Engaging workers on a temporary basis for extended
    periods, especially when their roles are integral to the
    organization’s functioning, not only contravenes
    international labour standards but also exposes the
    organization to legal challenges and undermines
    employee morale. By ensuring fair employment
    practices, government institutions can reduce the
    burden of unnecessary litigation, promote job
    security, and uphold the principles of justice and
    fairness that they are meant to embody. This
    approach aligns with international standards and
    sets a positive precedent for the private sector to
    34

    follow, thereby contributing to the overall
    betterment of labour practices in the country.

    28. In view of the above discussion and findings, the
    appeals are allowed. The impugned orders passed by
    the High Court and the Tribunal are set aside and the
    original application is allowed to the following extent:

    i. The termination orders dated
    27.10.2018 are quashed;

    ii. The appellants shall be taken
    back on duty forthwith and their services
    regularised forthwith. However, the
    appellants shall not be entitled to any
    pecuniary benefits/back wages for the
    period they have not worked for but
    would be entitled to continuity of
    services for the said period and the same
    would be counted for their post-

    retiral benefits.”

    B. The Judgment of the Apex Court dated 31.01.2025

    reported in 2025 INSC 144 in “SHRIPAL AND ANOTHER v.

    NAGAR NIGAM, GHAZIABAD“, in particular, the relevant

    para Nos.15 to 19 are extracted hereunder:

    “15. It is manifest that the Appellant Workmen
    continuously rendered their services over several years,
    sometimes spanning more than a decade. Even if certain
    muster rolls were not produced in full, the Employer’s
    failure to furnish such records–despite directions to do
    so–allows an adverse inference under well-established
    labour jurisprudence. Indian labour law strongly
    disfavors perpetual daily-wage or contractual
    engagements in circumstances where the work is
    permanent in nature. Morally and legally, workers who
    fulfil ongoing municipal requirements year after year
    cannot be dismissed summarily as dispensable,
    particularly in the absence of a genuine contractor
    agreement. At this juncture, it would be appropriate to recall
    35

    the broader critique of indefinite “temporary” employment
    practices as done by a recent judgement of this court in Jaggo
    v. Union of India in the following paragraphs:

    “22. The pervasive misuse of temporary employment
    contracts, as exemplified in this case, reflects a broader
    systemic issue that adversely affects workers’ rights and
    job security. In the private sector, the rise of the gig
    economy has led to an increase in precarious employment
    arrangements, often characterized by lack of benefits, job
    security, and fair treatment. Such practices have been
    criticized for exploiting workers and undermining labour
    standards. Government institutions, entrusted with
    upholding the principles of fairness and justice, bear an
    even greater responsibility to avoid such exploitative
    employment practices. When public sector entities engage
    in misuse of temporary contracts, it not only mirrors the
    detrimental trends observed in the gig economy but also
    sets a concerning precedent that can erode public trust in
    governmental operations.

    ………

    25. It is a disconcerting reality that temporary employees,
    particularly in government institutions, often face
    multifaceted forms of exploitation. While the foundational
    purpose of temporary contracts may have been to
    address short-term or seasonal needs, they have
    increasingly become a mechanism to 2024 SCC OnLine SC
    3826 evade long-term obligations owed to employees.
    These practices manifest in several ways:

    • Misuse of “Temporary” Labels: Employees
    engaged for work that is essential, recurring, and
    integral to the functioning of an institution are
    often labelled as “temporary” or “contractual,” even
    when their roles mirror those of regular employees.
    Such misclassification deprives workers of the
    dignity, security, and benefits that regular
    employees are entitled to, despite performing
    identical tasks.

    • Arbitrary Termination: Temporary employees are
    frequently dismissed without cause or notice, as seen in
    the present case. This practice undermines the principles
    of natural justice and subjects workers to a state of
    constant insecurity, regardless of the quality or duration
    of their service. • Lack of Career Progression: Temporary
    employees often find themselves excluded from
    opportunities for skill development, promotions, or
    36

    incremental pay raises. They remain stagnant in their
    roles, creating a systemic disparity between them and
    their regular counterparts, despite their contributions
    being equally significant.

    • Using Outsourcing as a Shield: Institutions increasingly
    resort to outsourcing roles performed by temporary
    employees, effectively replacing one set of exploited
    workers with another. This practice not only perpetuates
    exploitation but also demonstrates a deliberate effort to
    bypass the obligation to offer regular employment.

    • Denial of Basic Rights and Benefits: Temporary
    employees are often denied fundamental benefits such as
    pension, provident fund, health insurance, and paid leave,
    even when their tenure spans decades. This lack of social
    security subjects them and their families to undue
    hardship, especially in cases of illness, retirement, or
    unforeseen circumstances.”

    16. The High Court did acknowledge the Employer’s inability
    to justify these abrupt terminations. Consequently, it ordered
    re-engagement on daily wages with some measure of parity in
    minimum pay. Regrettably, this only perpetuated
    precariousness: the Appellant Workmen were left in a marginally
    improved yet still uncertain status. While the High Court
    recognized the importance of their work and hinted at eventual
    regularization, it failed to afford them continuity of service or
    meaningful back wages commensurate with the degree of
    statutory violation evident on record.

    17. In light of these considerations, the Employer’s
    discontinuation of the Appellant Workmen stands in violation of
    the most basic labour law principles. Once it is established that
    their services were terminated without adhering to Sections 6E
    and 6N of the U.P. Industrial Disputes Act, 1947, and that they
    were engaged in essential, perennial duties, these
    workers cannot be relegated to perpetual uncertainty.
    While concerns of municipal budget and compliance with
    recruitment rules merit consideration, such concerns do
    not absolve the Employer of statutory obligations or
    negate equitable entitlements. Indeed, bureaucratic
    limitations cannot trump the legitimate rights of
    workmen who have served continuously in de facto
    regular roles for an extended period.

    18. The impugned order of the High Court, to the extent
    they confine the Appellant Workmen to future daily-wage
    37

    engagement without continuity or meaningful back
    wages, is hereby set aside with the following directions:

    I. The discontinuation of the Appellant Workmen’s
    services, effected without compliance with Section 6E and
    Section 6N of the U.P. Industrial Disputes Act, 1947, is
    declared illegal. All orders or communications terminating
    their services are quashed. In consequence, the Appellant
    Workmen shall be treated as continuing in service from
    the date of their termination, for all purposes, including
    seniority and continuity in service.

    II. The Respondent Employer shall reinstate the Appellant
    Workmen in their respective posts (or posts akin to the
    duties they previously performed) within four weeks from
    the date of this judgment. Their entire period of
    absence (from the date of termination until actual
    reinstatement) shall be counted for continuity of
    service and all consequential benefits, such as
    seniority and eligibility for promotions, if any.

    III. Considering the length of service, the Appellant
    Workmen shall be entitled to 50% of the back wages from
    the date of their discontinuation until their actual
    reinstatement. The Respondent Employer shall clear the
    aforesaid dues within three months from the date of their
    reinstatement.

    IV. The Respondent Employer is directed to initiate
    a fair and transparent process for regularizing the
    Appellant Workmen within six months from the date
    of reinstatement, duly considering the fact that they
    have performed perennial municipal duties akin to
    permanent posts. In assessing regularization, the
    Employer shall not impose educational or
    procedural criteria retroactively if such
    requirements were never applied to the Appellant
    Workmen or to similarly situated regular employees
    in the past. To the extent that sanctioned vacancies
    for such duties exist or are required, the
    Respondent Employer shall expedite all necessary
    administrative processes to ensure these longtime
    employees are not indefinitely retained on daily
    wages contrary to statutory and equitable norms.

    19. In view of the above, the appeal(s) filed by the workmen are
    allowed, whereas the appeal(s) filed by the Nagar Nigam
    Ghaziabad are dismissed.”

    38

    C. The Judgment of the Apex Court dated 19.08.2025

    passed in Civil Appeal No.8558 of 2018 reported in 2025

    SCC ONLINE SC 1735 in “Dharam Singh and Others v.

    State of U.P. and Another“, in particular, the relevant para

    Nos.13, 17, 18, 19 and 20 are extracted hereunder:

    “13. As we have observed in both Jaggo (Supra) and
    Shripal (Supra), outsourcing cannot become a convenient
    shield to perpetuate precariousness and to sidestep fair
    engagement practices where the work is inherently
    perennial. The Commission’s further contention that the
    appellants are not “full-time” employees but continue only
    by virtue of interim orders also does not advance their case.
    That interim protection was granted precisely because of
    the long history of engagement and the pendency of the
    challenge to the State’s refusals. It neither creates rights
    that did not exist nor erases entitlements that may arise
    upon a proper adjudication of the legality of those refusals.

    17. Before concluding, we think it necessary to recall that
    the State (here referring to both the Union and the State
    governments) is not a mere market participant but a
    constitutional employer. It cannot balance budgets on the
    backs of those who perform the most basic and recurring
    public functions. Where work recurs day after day and year
    after year, the establishment must reflect that reality in its
    sanctioned strength and engagement practices. The long
    term extraction of regular labour under temporary labels
    corrodes confidence in public administration and offends the
    promise of equal protection. Financial stringency certainly
    has a place in public policy, but it is not a talisman that
    overrides fairness, reason and the duty to organise work on
    lawful lines.

    18. Moreover, it must necessarily be noted that “ad-hocism”

    thrives where administration is opaque. The State
    Departments must keep and produce accurate
    establishment registers, muster rolls and outsourcing
    arrangements, and they must explain, with evidence, why
    they prefer precarious engagement over sanctioned posts
    where the work is perennial. If “constraint” is invoked, the
    39

    record should show what alternatives were considered, why
    similarly placed workers were treated differently, and how
    the chosen course aligns with Articles 14, 16 and 21 of the
    Constitution of India. Sensitivity to the human
    consequences of prolonged insecurity is not sentimentality.
    It is a constitutional discipline that should inform every
    decision affecting those who keep public offices running.

    “19. Having regard to the long, undisputed service of the
    appellants, the admitted perennial nature of their duties,
    and the material indicating vacancies and comparator
    regularisations, we issue the following directions:

    i. Regularization and creation of Supernumerary
    posts: All appellants shall stand regularized with effect
    from 24.04.2002, the date on which the High Court directed
    a fresh recommendation by the Commission and a fresh
    decision by the State on sanctioning posts for the
    appellants. For this purpose, the State and the successor
    establishment (U.P. Education Services Selection
    Commission) shall create supernumerary posts in the
    corresponding cadres, Class-III (Driver or equivalent) and
    Class-IV (Peon/Attendant/Guard or equivalent) without any
    caveats or preconditions. On regularization, each appellant
    shall be placed at not less than the minimum of the regular
    pay-scale for the post, with protection of last-drawn wages
    if higher and the appellants shall be entitled to the
    subsequent increments in the pay scale as per the pay
    grade. For seniority and promotion, service shall count from
    the date of regularization as given above.
    ii. Financial consequences and arrears: Each appellant
    shall be paid as arrears the full difference between (a) the
    pay and admissible allowances at the minimum of the
    regular pay-level for the post from time to time, and (b) the
    amounts actually paid, for the period from 24.04.2002 until
    the date of regularization/retirement/death, as the case
    may be. Amounts already paid under previous interim
    directions shall be so adjusted. The net arrears shall be
    released within three months and if in default, the unpaid
    amount shall carry compound interest at 6% per annum
    from the date of default until payment.

    iii. Retired appellants: Any appellant who has
    already retired shall be granted regularization with
    effect from 24.04.2002 until the date of
    superannuation for pay fixation, arrears under clause

    (ii), and recalculation of pension, gratuity and other
    terminal dues. The revised pension and terminal dues
    shall be paid within three months of this Judgment.

    40

    iv. Deceased appellants: In the case of Appellant No.
    5 and any other appellant who has died during
    pendency, his/her legal representatives on record
    shall be paid the arrears under clause (ii) up to the
    date of death, together with all terminal/retiral dues
    recalculated consistently with clause (i), within three
    months of this Judgment.

    v. Compliance affidavit: The Principal Secretary, Higher
    Education Department, Government of Uttar Pradesh, or the
    Secretary of the U.P. Education Services Selection
    Commission or the prevalent competent authority, shall file
    an affidavit of compliance before this Court within four
    months of this Judgment.

    20. We have framed these directions comprehensively
    because, case after case, orders of this Court in such matters
    have been met with fresh technicalities, rolling “reconsiderations,”

    and administrative drift which further prolongs the insecurity for
    those who have already laboured for years on daily wages.
    Therefore, we have learned that Justice in such cases cannot rest
    on simpliciter directions, but it demands imposition of clear
    duties, fixed timelines, and verifiable compliance. As a
    constitutional employer, the State is held to a higher standard
    and therefore it must organise its perennial workers on a
    sanctioned footing, create a budget for lawful engagement, and
    implement judicial directions in letter and spirit. Delay to follow
    these obligations is not mere negligence but rather it is a
    conscious method of denial that erodes livelihoods and dignity for
    these workers. The operative scheme we have set here
    comprising of creation of supernumerary posts, full regularization,
    subsequent financial benefits, and a sworn affidavit of
    compliance, is therefore a pathway designed to convert rights into
    outcomes and to reaffirm that fairness in engagement and
    transparency in administration are not matters of grace, but
    obligations under Articles 14, 16 and 21 of the Constitution of
    India

    D. The Division Bench of this Court in its Judgment

    dated 10.06.2013 passed in W.A.Nos.782 of 2010 and 854

    of 2012 while upholding the Judgment dated 08.09.2010

    passed in W.P.No.24377 of 2007 and C.C.No.48 of 2008

    observed as under:-

    41

    “Further, it is manifest from the material on record that the
    services of the similarly placed persons who approached the law
    Courts were regularized. The appellant-Corporation also
    issued various office orders/circulars dated 20.12.1989,
    11.09.1992, 06.10.2007 and latest being 4.7.2009 for
    regularization of casual/contract employees, It is also to
    be seen that Section 25-T of the ID Act prohibits unfair labour
    practice by any employer or workman. As can be seen from the
    factual scenario of the cases on hand, engaging the respondents
    for such a long and continuous period of time on casual basis is
    nothing but unfair labour practice attracting the provisions of
    Section 25-T of the ID Act. The learned Single Judge while
    relying on the decisions of the Apex Court, rightly held that the
    respondents are entitled to regularization as directed in the
    impugned orders, as the learned single Judge considered all the
    aspects of the matter in detail, in the proper perspective, which,
    in our considered view does not warrant interference in these
    appeals.”

    E. The Division Bench of this Court in its Judgment

    dated 21.04.2020 passed in I.A.Nos.1 of 2020 in 1 of 2019

    and W.P.No.23057 of 2019 reported in 2020(4)ALD page

    379 at paras 45, 48 and para 50 observed as under:-

    “45. There is no dispute that petitioners have been working on
    daily wage since 1990 and have put in almost (30) years of
    service by now. They have been given minimum time-scale from
    the year 2000. They have been continuously working without
    any Court orders in their favour from 1990 till date.

    42

    48. It is not known why the 1st respondent has not
    followed the decision in Uma Devi‘s case (supra), as
    explained in M.L. Kesari‘s case (supra) and undertaken a
    one-time exercise of preparing the list of daily wage
    employees who had worked for more than ten (10) years
    without the intervention of the Courts and Tribunals as on
    10.4.2006 and subject them to a process verification as to
    whether they are working against vacant posts and
    possess requisite qualifications for the posts, and if so,
    regularize their services.

    50. Accordingly, the writ petition is allowed; the impugned
    orders dated 20.8.2019 passed by the 1st respondent rejecting
    the cases of petitioners for regularization of services on one-
    time basis are declared as illegal, arbitrary and violative of
    Articles 14, 16 and 21 of the Constitution of India; the
    respondents are directed to regularize on one-time basis
    petitioners’ services from the date each of the petitioners
    complete 10 years of service on daily wages from the
    initial dates of their appointment. But, they shall not be
    entitled to any monetary relief. The said exercise shall be
    done within two (2) weeks from the date of receipt of
    copy of the order.”

    F. The judgment of this Court, dated 06.12.2022 passed

    in W.P.No.27602 of 2019 in Manipati Lingam& Others and

    in particular para Nos. 15 & 16 are extracted hereunder:-

    15. A bare perusal of the observations of the Apex Court in
    various judgments referred to and extracted above clearly
    indicate that the claim of the petitioners for regularization has to
    be necessarily considered in view of the fact that the concept of
    43

    one time measure as explained at paras 6 to 10 of the Judgment
    of the Apex Court in State of Karnataka v M.L.Kesari which in
    clear explicit terms said that one time exercise will be concluded
    only when all the employees who are entitled to be considered in
    terms of para 53 of Uma Devi are so considered and the
    mandate and object in Uma Devi‘s case as explained in para 53
    of the said judgment, to do periodic regular recruitment of
    qualified personnel for vacant posts and regularise the services
    of those engaged for more than 10 years, as a one time measure
    and the clarification of Uma Devi‘s case and the observation as
    held at para ‘5’ of the decision of the Supreme Court in State of
    Karnataka and Others vs. M.L.Kesari and others
    that Uma Devi
    casts a duty upon the concerned Government and
    Instrumentality to take steps to regularize ton services of those
    regularly appointed employees who had served for more than
    ten years without the benefit or protection of any interim orders
    of Courts or Tribunals as a one time measure has not been
    diluted and the observations in para 54(2) of the Judgement of
    the Apex Court State of Punjab and Others Vs.Jagjit Singh still
    hold good, which has clearly said that a legally permissible
    scheme has to be framed in respect of daily wagers, ad 10c or
    contractual appointees who are not appointed against sanctioned
    posts, but their services are availed continuously with notional
    breaks by the State Government or its instrumentality for a
    sufficient long period ie., for ten years.

    16. This Court is of the firm opinion that the plea of the 3’d
    respondent temple that the petitioners did not satisfy the
    requirement of completing five years of service as on 25.11.1993
    and further that the Petitioners are not working against any
    sanctioned posts and hence, they are not entitled to be
    considered for regularisation as indicated in the letter of the 3rd
    respondent dated 31.10.2011 and as indicated in the order
    impugned of the 3rd respondent dated 06.08.2019 and also in
    their counter affidavit filed before the High Court in the present
    writ petition at para 13 of the counter cannot be sustained, as
    per the observations of the various Apex Court judgments
    referred to and extracted above, in view of the simple fact that
    the petitioners are rendering their services to the 3rd respondent
    temple continuously from 1992 till as on date i.e. for the last
    nearly 29 years. The 3rd respondent temple cannot deny the
    relief of regularization to the petitioners as per para 53 of
    the decision in Umadevi‘s case, which permits one time
    exercise of regularization to be done for personal
    44

    employed on temporary basis/daily wages etc, who have
    rendered continuous service for more than 10 years. The
    3rd respondent temple cannot take the services of the
    petitioners for years together without regularising their
    services and indulge in such a practice inconsistent with
    their obligation to function in accordance with the
    constitution as observed by the Apex Court in Nihal Singh and
    Others Vs. State of Punjab
    which clearly held that “sanctioned
    posts do not fall from heaven” and the State has to create them
    by a conscious choice on the basis of some rational assessment
    of the need.

    The aforesaid judgment had been upheld by the Apex
    Court.

    G. The Judgment of this Court dated 06.12.2022 passed

    in W.P.No.27602 of 2019 which pertains to regularization

    of 35 NMRS of Sri Lakshmi Narasimha Swamy Temple,

    Yadadri, Nalgonda District, which had been upheld by

    the Division Bench of this Court in W.A.No.937 of 2023

    dated 10.10.2023 and also confirmed by the order of Apex

    Court dated 09.08.2024 in SLP No.32847 of 2024.

    H. The judgment of this Court reported in AIRONLINE

    2022 TEL 242, dated 15.11.2022 in M.Anjaiah Vs. Director,

    Telugu Academy, Himayathnagar, Hyderabad and in

    particular para Nos.18 & 21 are extracted hereunder:-

    18. This Court opines that the engagement of the persons like
    the petitioners through outsourcing agencies/ intermediaries for
    more than 15 years after the decision in Uma Devi, without
    undertaking any exercise to identify regularly the vacancies in
    the above posts in the Respondent Academy i.e., Telugu
    45

    Academy, Himayathnagar, and fill them up as per the applicable
    rules by properly qualified personnel, and engaging persons of
    “outsourcing” basis through intermediaries/contractors, is in
    violation of the law laid down in Uma Devi‘s case by the
    respondents and it also violates Articles 14, 16 and 21 of the
    Constitution of India.

    21. Taking into consideration the contention of the Respondent
    that the Respondent organization has been bifurcated on
    26.04.2022, the Respondents while continuously engaging the
    services of the petitioners directly henceforth, are directed to
    consider the case of the petitioners for regularisation of their
    services in the posts whose work they are discharging now, by
    ignoring the existence of the intermediaries/
    agencies/contractors in the said posts of Hamalis divided into 3
    categories namely skilled, semi-skilled and un-skilled in the light
    of the judgments of the Apex Court referred to and discussed
    above and which were followed in subsequent cases by this
    Court within two (2) months from the date of receipt of a copy of
    the order and pass appropriate orders in accordance to law and
    communicate the decision to the Petitioners.

    The aforesaid judgment also attained its finality,

    since petitioners in the said writ petition had been

    regulairzed in pursuance to the orders of the Court.

    I. The relevant portion of the judgment of this Court,

    reported in 2023(1) ALD 259 (TS), dated 08.08.2022 in

    Durgam Rajender Vs. A.P.State Handloom Weaver‘s Co-

    operative Society Ltd., Hyderabad and Others is extracted

    hereunder:-

    It is clear as from the facts of the present case referred to above
    that the termination of the petitioner was ultimately held to be
    illegal and the petitioner was reinstated into service on
    01.06.1992 with continuity of service and with attendant benefits
    46

    duly setting aside the order of removal dated 20.05.1988 as per
    the order of the Industrial Tribunal. There is also a clear
    admission at paras 11 and 12 in the counter affidavit filed by the
    respondents that the services of Kumari M.Kalavathi and Sri
    G.S.Anna Rao are regularized in the year 2009 as per Court
    orders. Hence, there is no denial to the Fact that the services of
    juniors of the petitioner have been considered for regularization.

    In such an event, the respondents are under obligation to
    consider the case of the petitioner for regularization because
    the law laid down by the Apex court in Umadevi‘s case
    refers to regularization of services of daily wage/ad
    hoc/casual employee’s as well.

    12. In view of the law laid down in the judgments referred to and
    discussed above i.e.M.L.Kesari and others, case referred 1st
    supra, Umadevi‘s case referred 2nd supra and the order dated
    ,13.02.2015 passed in W.A.No.108 of 2015, the writ petition is
    allowed and the respondents are directed to regularize to
    regularize the services of the petitioner in terms of the ratio laid
    down it the aforesaid decision within a period of two months
    from the date of receipt of a copy of this order. There shall be no
    order as to costs.

    J. The judgment of this Court, reported in 2018(2) ALD

    282(DB), dated 19.09.2017 in U.V.S.R. Prasad and Others

    Vs. State of Andhra Pradesh and another and in particular

    para nos.9, 10 & 16 are extracted hereunder:-

    9. We have carefully considered the respective submissions of
    the learned Counsel for the parties.

    10. From the material discussed above and the admissions made
    in the counter-affidavit of respondent No.2, it is not in dispute
    that the petitioners have been working as Work Inspectors from
    the years 1990 – 1992. It is also not in dispute that by the time
    the judgment in Uma Devi (1 supra) was rendered in the year
    1996, they have completed more than 10 years of service.
    Para
    53 of the Judgment in Uma Devi (1 supra) reads as under:

    “One aspect needs to be clarified. There may be cases where
    47

    irregular appointments (not illegal appointments) as explained in
    S.V.Narayanappa (1967 (1) SCR 128), R.N.Nanjundappa (1972
    (1) SCC 409) and B.N.Nagarajan (1979 (4) SCC 507) and
    referred to in Para 15 above of duly qualified persons in duly
    sanctioned vacant posts might have been made and the
    employees have continued to work for ten years or more but
    without the intervention of orders of the courts or of tribunals.

    The question of regularization of the services of such employees
    may have to be considered on merits in the light of the principles
    settled by this Court in the cases above-referred to and in the
    light of this judgment. In that context, the Union of India, the
    State Governments and their instrumentalities should take steps
    to regularize as a one-time measure, the services of such
    irregularly appointed, who have worked for ten years or more in
    duly sanctioned posts but not under cover of orders of the Courts
    or of Tribunals and should further ensure that regular
    recruitments are undertaken to fill those vacant sanctioned posts
    that require to be filled up, in cases where temporary employees
    or daily wagers are being now employed. The process must be
    set in motion within six months from this date.”

    16. It is trite that the law declared by the Supreme Court is
    binding throughout the country under Article 141 of the
    Constitution of India. It is noteworthy that by the time the
    judgment in Uma Devi (1 supra) was rendered, the provisions of
    Act 2 of 1994 and G.O.Ms.No. 212, dated 22-04-1994, were in
    existence. The Supreme Court, while denouncing the practice of
    regularization and absorption of persons, who entered service
    through backdoors by giving a go-bye to the due procedure
    prescribed for appointments to public posts, consciously ordered
    for onetime absorption/ regularization of those, who were
    working for a period of not less than 10 years. It has given
    directions in this regard to all the State Governments and also
    Union of India.
    The Supreme Court is presumed to be conscious
    of various State enactments such as Act 2 of 1994 and executive
    orders such as G.O.Ms.No. 212, dated 22-04-1994, while giving
    directions in Para No. 53 of the judgment in Uma Devi (1 supra).
    But still, it has not made any exception in favour of the States
    whee State enactments banning regularization/absorption exist.

    Therefore, Act 2 of 1994 and G.O.ms.No.212, dated
    22.04.1994, do not whittle down the width and the
    judgment in Manjula Bashini (2supra) does not lower the
    trajectory of the directions issued by the Supreme Court
    in para 53 of its judgment in Uma Devi (1 supra).
    It is,
    48

    therefore, not permissible for the respondents to take
    shelter under Act 2 of 1994 and G.O.Ms.No.212, dated
    22.04.1994, to deny regularization to the petitioner, who
    have, admittedly, satisfied the criteria laid down in para
    No.53 of the judgment in Uma Devi (1 Supra).

    K. For the aforementioned reasons, order, dated 27.6.2017,

    in OA No.1442 of 2014, on the file of the Tribunal is set aside

    and the writ petition is allowed with the direction to the

    respondents to consider regularisation of the services of

    the petitioners against the existing vacancies of Work

    Inspectors and appoint them subject to their satisfying

    the criteria laid down in Para No.53 of the judgment in

    Uma Devi‘s case (supra). This process must be completed

    within two months from the date of receipt of a copy of

    this order.”

    L. The Division Bench judgment, dated 05.11.2024 passed

    in W.A.No.1324 of 2024 in The State of Telangana &

    another Vs. B.Sreedevi and in particular para No.7 is

    extracted hereunder:-

    7. Having considered the rival submissions made by the learned
    counsel on either side, this Court is of the view that the learned
    Single Judge has rightly allowed the writ petition in favour of the
    respondent. If the respondent has not fulfilled the conditions
    stipulated in G.O.Ms.No.221, dated 20.06.1995, the appellants
    ought to have disengaged the services of the respondent, but
    having continued the respondent for 32 long years, the
    appellants ought not to have denied regularization to the
    49

    respondent. Further, this Court granted interim direction on
    13.10.2018 in I.A.No.1 of 2018 in W.P.No.38880 of 2018
    directing the appellants to consider the case of the respondent
    for regularization of her services. Without assigning any
    reasons, the appellants have rejected the case of the
    respondent in a single line order dated 22.06.2019. When
    once the Court directs the appellants to consider the case
    of the respondent, and if the appellants reject the same,
    then the Courts can give positive Mandamus. This issue
    was considered by the Apex Court in State of Mysore v.

    Syed Mahmood Alf Therefore, learned Single Judge was
    justified in directing the appellants to regularize the
    services of the respondent as Part time-Lecturer and
    extend all consequential benefits. We are also not
    appreciating the fact that the writ appeal is filed only after the
    respondent has attained the age of superannuation as Part-time
    Lecturer with a delay of more than 366 days.

    7.1 Further, a perusal of the rejection order passed by the
    appellant on 22.06.2019 discloses that the issue of aided
    and un-aided services was discussed. Aided and un-aided
    services would apply only to private educational
    institutions but not to Government institutions. The
    manner in which the case of the respondent was rejected
    shows total non-application of mind and the same is liable
    to be rejected as admittedly the respondent is working in
    a Government institution. Therefore, the learned Single
    Judge was justified in allowing the writ petition in favour
    of the respondent and this Court is not inclined to
    interfere with the same.

    15. In so far as the plea of the Government Pleader for

    Services-I appearing on behalf of the respondents that

    this Court cannot grant any relief to the petitioner herein

    in view of the Division Bench judgment of this Court,

    dated 19.11.2024 passed in W.P.Nos.10744, 11643, 13223

    &14300 of 2023 and W.P.(TR) No.5972 of 2017 and the
    50

    specific orders of the Apex Court in the appeal preferred

    by the Government on the said order passed by the

    Division Bench of this Court directing the status-quo

    maintained is not tenable and the said plea is rejected, in

    view of the view and law laid down by the Apex Court

    judgment, dated 17.08.2023 reported in AIRONLINE 2023

    SC 702 in Secunderabad Club ETC. Vs. CIT.-V. ETC.

    (referred to and extracted below) and in the judgment of

    the Apex Court reported in (2023) 16 SCC 458 (referred to

    and extracted below)in Career Institute Educational

    Society Vs. Om Shree Thakurji Educational Society and in

    particular para Nos.6 and 7 are extracted hereunder:-

    6. The first judgment in State of Gujarat Vs. Utility Users
    Welfare Association
    reported in 2018 (6) SCC Page 21 applies,
    what is called, “the inversion test” to identify what is ratio
    decidendi in a judgment. To test whether a particular proposition
    of law is to be treated as the ratio decidendi of the case, the
    proposition is to be inversed, i.e. to remove from the text of the
    judgment as if it did not exist. If the conclusion of the case
    would still have been the same even without examining the
    proposition, then it cannot be regarded as the ratio decidendi of
    the case.

    7. In Jayant Verma Vs. Union of India reported in 2018 (4)
    SCC Page 743, this Court has referred to an earlier decision of
    this Court in Dalbir Singh & Ors. vs. State of Punjab reported in
    1979 (3) SCC Page 745 to state that it is not the findings of
    material facts, direct and inferential, but the statements of the
    principles of law applicable to the legal problems disclosed by the
    facts, which is the vital element in the decision and operates as a
    precedent, albeit operates as res judicata. Even the conclusion
    51

    does not operate as a precedent. Thus, it is not everything said
    by a Judge when giving judgment that constitutes a precedent.

    The only thing in a Judge’s decision binding as a legal precedent
    is the principle upon which the case is decided and, for this
    reason, it is important to analyse a decision and isolate from it
    the obiter dicta.

    16. In the judgment of the Apex Court reported in

    AIRONLINE 2023 SC 702, dated 17.08.2023 in

    Secunderabad Club ETC Vs. CIT -V E.T.C. and in particular

    para Nos.13, 16 & 22 are extracted hereunder:-

    13. It is a settled position of law that only the ratio decidendi of
    a judgment is binding as a precedent. In B. Shama Rao vs. Union
    Territory of Pondicherry
    , AIR 1967 SC 1480, it has been
    observed that a decision is binding not because of its conclusion
    but with regard to its ratio and the principle laid down therein.
    In
    this context, reference could also be made to Quinn vs. Leathem,
    1901 AC 495 (HL), wherein it was observed that every judgment
    must be read as applicable to the particular facts proved, or
    assumed to be proved, since the generality of the expressions
    which may be found there are not intended to be expositions of
    the whole law, but governed and qualified by the particular facts
    of the case in which such expressions are found. In other words,
    a case is only an authority for what it actually decides.

    16. The legal principles guiding the decision in a case is the basis
    for a binding precedent for a subsequent case, apart from being
    a decision which binds the parties to the case. Thus, the principle
    underlying the decision would be binding as a precedent for a
    subsequent case. Therefore, while applying a decision to a later
    case, the court dealing with it has to carefully ascertain the
    principle laid down in the previous decision. A decision in a case
    takes its flavour from the facts of the case and the question of
    law involved and decided. However, a decision which is not
    express and is neither founded on any reason nor
    proceeds on a consideration of the issue cannot be
    deemed to be law declared, so as to have a binding effect
    as is contemplated under Article 141, vide State of Uttar
    Pradesh vs. Synthetics and Chemicals Ltd.
    (1991) 4 SCC

    139. Article 141 of the Constitution states that the law
    52

    declared by the Supreme Court shall be binding on all the
    courts within the territory of India. All courts in India,
    therefore, are bound to follow the decisions of Supreme
    Court. This principle is an aspect of judicial discipline.

    22. Further, the precedential value of an order of the
    Supreme Court which is not preceded by a detailed
    judgment would be lacking inasmuch as an issue would
    not have been categorically dealt with. What is of essence
    in a decision is its ratio and not every observation found
    therein, nor what logically follows from the various
    observations made therein.

    17. It is pertinent to refer and bring on record the

    details of the recent judgment, dated 13.02.2026 of the

    Division Bench of Apex Court reported in AIR 2026

    Supreme Court 997 in Pawan Kumar and Others Vs. Union

    of India and Others, referring in particular to the

    judgments of the Apex Court in Ravi Verma and Others

    reported in AIR Online 2018 SC 1606 as well as in Raman

    Kumar and Others reported in AIR Online 2023 SC 854

    which directed for regularization of services of the

    appellants there under from 01.07.2006 on the same

    terms as made applicable in Ravivarma and Others as well

    as in Raman Kumar and Others and further directed for

    release of benefits to the appellants there under within a

    period of three months from the date of the said order.

    The Apex Court further specifically placed reliance on para
    53

    Nos.13,20 & 21 of Jagoo case reported in AIR 2025 SC

    Page 296 while passing the said order.

    It is the specific case of the appellant there under that

    they had been engaged as Casual Workers, the appellant

    Nos.1 to 3 came to the engaged as causal workers on the

    post of Sweeper from 01.10.1997, 01.05.1998 and

    01.10.1997 respectively. Appellant No.4 was casually

    engaged as Cook from 27.12.1993 and their names had

    been sponsored from employment exchange and after

    being duly interviewed they were engaged as daily

    workers.

    It is further specific case of the appellants there

    under that services of the appellants are liable to be

    regularized as they are similarly situated as other daily

    wage workers in the Income Tax Department whose

    services have been regularized pursuant to various orders

    passed by this Court. The Apex Court allowed the said

    Appeal in favour of the appellants there under vide its

    judgment, dated 13.02.2026 very clearly observing that

    appellants had been working continuously as daily wage

    workers from 2005 and the Income Tax Department could

    not have discriminated in matter of regularizing services
    54

    of similarly situated employees. The Apex Court observed

    that services of appellants were liable to regularized as

    they were similarly situated as other daily wage workers

    whose services had been regularized pursuant to various

    orders passed by Supreme Court.

    The principle laid down by the Apex Court in all the

    aforesaid judgments apply to the facts of the present case

    as well since it is borne on record vide letters, dated

    14.12.2012, 12.03.2013, 19.05.2015, 11.12.2019,

    G.O.Ms.No.38, dated 30.04.2023 that efforts had been

    made by the official respondents herein for regularization

    of eligible contract personnel. Hence, this Court opines

    that petitioner is entitled for consideration of petitioner’s

    case for regularization of petitioner’s services with effect

    from the date of petitioner’s initial appointment i.e.,

    16.12.2006.

    18. Taking into consideration:-

    a) The aforesaid facts and circumstances of the case.

    b) The submissions put-forth by the learned senior

    designated counsel appearing on behalf of the

    petitioner and learned Government Pleader for

    Services-I appearing on behalf of the respondents.

    55

    c) The counter affidavit filed on behalf of the respondents.

    d) The       order,      dated          20.03.2019      passed       in
    
      W.P.(TR)No.1883 of 2017
    
    e) The       contents        of   the     speaking      order,    vide
    
    

    Rc.No.16153/G2/2019, dated 25.02.2020 issued by the

    Director of Medical Education, Telangana State,

    Hyderabad, in pursuance to the directions of this Court,

    dated 20.03.2019 passed in W.P(TR).No.1883 of 2017

    (referred to and extracted above)

    f) The contents of G.O.Ms.No.38, dated 30.04.2023

    issued by the Government of Telangana (referred to

    and extracted above)

    g) The contents of the various letters, dated 20.06.2009,

    19.05.2015 ,25.02.2020, 30.12.2006, 14.12.2012 &

    11.12.2019 (referred to and extracted above)

    h) The observations of the various Courts in the various

    judgments (referred to and extracted above) and again

    enlisted below:

         (i)     2025 INSC 144
         (ii)    2024 LawSuit(SC) 1209
         (iii) AIRONLINE 2023 SC 702
         (iv) (2023) 16 SCC 458
         (v) AIRONLINE 2022 TEL 242
                                    56
    
    
    
    
         (vi) 2023(1) ALD 259 (TS)
         (vii) 2018(2) ALD 282 (DB)
         (viii) SCC ONLINE SC 1735
        (ix) AIR 2026 SC 997
    

    (x) The judgment of this Court, dated 06.12.2022
    passed in W.P.No.27602 of 2019
    (xi) SLP No.32847 of 2024

    (i) The Division Bench order of this Court dated
    25.11.2024 passed in W.A.No.1324 of 2024, dated
    25.11.2024.

    (j) The Division Bench order of this Court dated
    10.06.2013 passed in W.A.Nos.782 of 2010 and 854 of
    2012 while uploading the Judgment dated 08.09.2010
    passed in W.P.No.24377 of 2007 and C.C.No.48 of 2008

    k) The Division Bench order of this Court dated

    21.04.2020 passed in I.A.Nos.1 of 2020 in 1 of 2019

    and W.P.No.23057 of 2019

    l) The discussion and conclusion as arrived at

    paragraph Nos. 5 to 17 of this order,

    The present writ petition is allowed as prayed for.

    This Court opines that the subject issue pertaining to the

    request of the petitioner for consideration of petitioner’s
    57

    case for regularization w.e.f. the date of petitioner’s

    original date of appointment i.e., 16.12.2006 with all

    consequential benefits needs to be considered by the

    Director of Medical Education, Telangana State,

    Hyderabad i.e., respondent No.2, without reference to the

    speaking order, dated 25.02.2020 issued by the Director

    of Medical Education i.e., the 2nd respondent rejecting

    petitioner’s request to continue the petitioner in service in

    the post of Physical Director. The respondent Nos.2 and 3

    are directed to reconsider the subject issue, pertaining to

    consideration of petitioner’s case for regularization w.e.f.

    petitioner’s original date of appointment i.e., 16.12.2006,

    in accordance to law, in conformity with principles of

    natural justice, by providing an opportunity of personal

    hearing to the petitioner herein, duly taking into

    consideration the latest law laid down by the Apex Court

    in the various judgments (referred to and extracted

    above), duly examining the relevant material documents

    in support of petitioner’s claim and the various

    correspondence vide letters, dated 16.12.2006,

    24.01.2007, 30.04.2007, 15.06.2007, 11.05.2008,

    07.07.2008,25.09.2008, 04.10.2008, 14.12.2012,
    58

    19.05.2015, G.O.Ms.No.38 dated 30.04.2023, 12,03,2013,

    10.06.2015 & 11.12.2019 that took place pertaining the

    subject issue between the official respondents herein and

    pass appropriate orders, within a period four (04) weeks

    from the date of receipt of copy of the order and duly

    communicate the decision to the petitioner. However,

    there shall be no order as to costs.

    Miscellaneous petitions, if any, pending in this Writ

    Petition, shall stand closed.

    ________________________________
    MRS. JUSTICE SUREPALLI NANDA

    Date:08.06.2026
    Note: L.R.Copy to be marked
    Issue CC by today
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