SRl. p v. KRISHNAIAH

:..*1tfi;#!"r"'ffir,.i:lihtt''.'1.ffiti6;1'e"l"ffi i"'"3.i:'ilffi Contract Junior Lecrutel ' \':wvvt "' "'' - - Jangaon, TS' i '.,uptlffiwm*lr,,g',lmsq ffi iI* n ilho. Zakir, S/o Mohd' Hafeez ' ns" !? y-ears' contract Junior Lecturer' " c&;;.;;;i'L,ti"i"Ctir-"g"' rita(nufra' Hvrierabad'rS' ...pETlrloNERS AND 1 2 2 4 The State of Telangana, Rep by its Principal Secrelgry to Government rli"itl6'" oi,patr.n't, s"cieiJtlai'a'itdings Hyderabad Telanoana' The Com missione r ot I nte rmtiiuil-EJ' l"ton'' State of Tela n g-ana N ampa lly' !il3"li33hlil1t?,itnti,""to, or rntermediate Education (Mu*i Zone-rl*), Nampalli, HYderabad, Telanqana The'State of Telangana''h'Ji.-ov its Principal. secretary to Government riiiniliS"pittr-ent,"5"cietariht aJitoings Hvderabad' Telansana ...RESPONDENTS 2 ""^:,__.,, -," : are hording for the rast more than ., _,rt'n",,onuo Petition under Articta ))a ^c tt *" constitution of India pravins that in the circumstances .,r,"011'"]: "L.:t therewith, the Hish court may oe preased to srant ,ro,"l,,ll] :T:T'j"t':'l rn rne nature of a Writ of Mandamus under Article 226 of thc ht constitution of lndia' declaring the action or *,. t., Respondent in not ,., Le,u rers in *re i-espeltlll':il::.:':r"#rhe Petitio ners as res u rar Ju n ior petitioners posts, which post the *i" 1 1/2 decades, white appointing the 2532 contract tecturer-s ,"",1',.,"^ -,-]l: tl:"::lv placed persons as werr as the recturers juniors to the petitionerlni]'.1-:: l::;*ig:'H",:,ffi.ff :::li11T,",1::;.J::":::":,,J:;: No 1 358-4/ E A,,0,, llill'Jl;:";;;.:,:,:J'f, il: l; "m*:: arbitrary illegal, discriminatory, malafide, miscc IVed and unconstitution al violating Articles 14, 16 and 21 of the constitutio reransana rntermediate Education service sp""irl lri:: i.il:.":ffjl:r:; Education (1E., il) Department, dated. 30. 12. .1993 similarly, not permitting the 2nd Respondent to appoint/regurarize tn" Junior Lecturers in pursuance or the request rr..":J^;i;:i"[::::J;Ji; Proceedings in Fire No. crE/4t2023-SERVTcES-lr-crE, dared 31.08.2023 addressed to the 1st Respondent as equaly arbitrary, iflegar, discriminatory, u n constitutio na I, viorating Articres 14, 16 and 2.1 0f the constitution of rndia and issue consequentiar directions directing the 1st Respondent to forthwith permit the 2nd Respondent to appoinv regurarize the services of the petitioners as regular Junior Lecturers in their respective subjects in Urdu Medium on par with other candidates, who re appointed/reg ularized their services as regular Junior Lecturers issued in GO Ms.No.1g, Higher Education (lE) Department, dated 01 05 '2023 and other consequentiar orders issued by the Respondents 2 and 3, if necessary' considering the request made by the 2nd Respondent to the 1st Respondent by Proceedings in File No. crE/4/2023-sERVrcES-1il-crE, dated 31.08.2023 fOfthWith with all consequential benefits includins arrears of salarv and senioritY w e i 03 05 2023 "u*i"u.n 3 a. IA NO: 10F 2023 petition under Section 151 cpc praying that in the circumstances stated in the affidavit fired in support of the petition, the High court may be pleased to direct the Respondents 1 to 3 to forthwith consider the cases of the Petitioners for regularization/ regular appointment as Junior Lecturers in their respective subjects in Urdu Medium against the sanctioned posts against which' the Petitioners are working and others including Memo No 135B -AllE'A1t2O22' dated 0g.12.2022, issued by the 1"t Respondent or passing appropriate orders in pursuance of the request made by the 2nd Regpondent by Proceedings in File No. ClEt4t2O23-SERVICES-Ill-ClE' dated 31 08 2023 addressed to the 1't Respondent, pending disposal of the Writ Petition' IA NO: oF 2025 1 Between: H", . -, -oana. Rep. by its principal secretary to Government oiretang-ana Nampallv' t fjo j,if lX,: .: a;;'l'a'il d i n g' H vo e ra-na o' re ia n g a n a 2. The commissioner "ii"'tEl*i'oili;"ea'l'iion''siite " +X3",fi33,t"1i'1t?,ili,,"ctor of tntermediate Education (Multi Zone-l/lll), " rlihpatil,Hyderabad,Telangana .....'ET'T..NERS/RESP'NDENTS ":l3tf AND 1 \) 4 5 b 7 o I " ig'*,,r"-mr**t",$,g6=;q,$*tr*"1;tl',ru Bill;li, Afreen, D/o MD Nooruddin chand' Age 42 veas contract Junior iat;;;,#;;rre+lvl"if'i',,hlT,fr [t3J'elf t4flle:"&?'-.jr,^{i:, UBXfl ; Ji.,Y,i"i"l' "1"'"0#! i "6"G il ; ; b?' i io - ea,iatr o n ) '-*ffT;J*"m, D/o Abdus saleem lqbal'.Age 41 Years' contract Junior i:fllrf ylmfi :',',TT,"Jlli'fttig"t"$#ruqiiu^XJ::':BlltLS"t.'r*o' [;t#",:e;;-;i,i["ni.r,niJ?co'rLG:,U:[5:Xf t?i,l}?S:E8fl 3i'.if"?;,. Humera Khalid, D/o Abdt Lecturer, Government .ru"itr'6illEbd'iEi;id), Ririmndgar, karimnagar Dist , t':is,,fr'"Tll'.,,Y1",%"Jlg,If :e?.ffl:t,ii*E{affr sri"l,;#il:: ". il cd ri "i 1 " {ai-..9 4 'lO.The State of Telangana, Finance Department,"Secietjn-Ii sliiljiig, riyilraoao, Tetansana .Rqp, _by its principal. Secretary to Government ....RESPONDENTS/RESPONDENTS Petition under section i 5 i cpc praying that in the circumstances stated in the aff;davit filed in support of the petition, the High Court may be pleased to vacate the orders dt. 29_12_2023 in Wp.No.34477 of 2023 and dismrss the W.p. Counsel for the petitioner: SRl. p. V. KRISHNAIAH Counsel for the Respondent Nos. 1to3: Gp FOR SERVICES I Counsel for the Respondent Nos. 4: Gp FOR SERVICES lll CONTEMP T CASE NO:626 oF 2024 Petition under Sections 1O to 12 of Contempt of Courts Act 1971 praying that in the circumstances stated in the affidavit fire herein the High court may be pleased to punish the respondents for contempt of court for wirfury and deliberatery not imprementing the orders passed by this Hon,bre court on 29 12.2023 in W.p No 34477 of 2023 Between: b?$:!T Lecturer, Governmenr '1 . Md Raheem, Sio Md I , #::ffi**q#3rt1ff "Ot*tlH tffi :E Fi:jff ' :#:.T,::; rrrnggr gorrgg-e,'FLrlid,,ffil Hyderabad, TS. 3 Abdut Qayyum Taj, S/o Uorro. lim'alr-Tri:'ffi 44 years, Contracr Junior Govern m-ent L unior coitesJ ioitiirlYi,trnou bnasar. Ma hbubnasa r 4. Sameena Afreen. D/o MD. Nooruddin Chand, Age 42 yearc, Contract Junior a d. Ad i r a.d a ; Dit,i dt, i3 l' ' ["""i :",.' h?;]:'TJ:??J i5,l:...f i th:{" tl nSl:i " I ; ; il' 411 Is?1 ffS J.r, J"?il; 6. Nazia Tasneem. D/o Abdus Saleem lqbal, Age 41 years, Contract Junior ,ii!,:i!:iIifl s:b?Tr,"Jil,.r:Al*",1*:l:rus15Xijsi[ii;I:,,::;": Lecturer, Government Junior coilegE rrrra-rio-unrixiar, Mahbubnagar Dist., TS. 8' Humera Kharid, D/o Abdur zahodi'K-h;iil, &;iz veais, co"ntr*i'irnio, Government Junior Coitege tciiGl,"i(irimnagar, Karimnagar Dist., 9. Mohd. Zakt, Slo Mohd. Hafeez, Age 42 years, Contract Junior Lecturer f3cturer, Government Junior Conege, F;trfnl,i;, Hvo.r"lio]i6: "". l'' "i jt[,,. i, c o ve rn m e n i .,:,"+,i:t +Slio ;;H;J; 5 AND

3. 4 s ri B u rra ve n k lle :lr a q'r'T;, ii;,i|'' 3::El3 [","t ff [", ltT" "r iiJ'",*"i Department, State oI 'fffl ':'"':';':*;:il# iefangrn, ...RESPoNDENTS Counsel for the Petitioner: SRI' P' V' KRISHNAIAH Gounsel for the Respondent Nos' 1to3: GP FOR SERVICES I Counsel for the Respondent Nos' 4: GP FOR SERVICES lll The Court made the following: COMMON ORDER F THE HON'BLE SRI JUSTICE PULLA KARTHIK PETITION No .34477 of 2o23 CONT MPT E CA SE No.6 26 of 2024 coMMON ORDER: Since tl.re 1ls in these cases in inter_connected, they were heard together and are being disposed of by this common order. 2. Heard Sri p.V. Krishnaiah, learned counsel appearing for the petitioners, learned Government pleader for Services_I appearing on behalf of respondent Nos. I to 3, and learned Government pleader for Services-III appearing for respondent No.4. 3. W.p.No.34477 of 2024 is filed seeking the following relief: - "... to granl appr( "".,:L :""- . . in lhe narure of a Wrir of r!randarrus ,"0.. Oil,.lil,.r!.l,ef,,more decraring rhe a.rion .iir,1 li,"*Ilpj;:.,.,,i,",,j:1, or rndia, appointins the petitioners ,. ."';:i::":.:1.t tn_ not regular2ing/ t:g:l.tt, Junior Lecturers in rheir respecl rve subieds _-..,,\ oq,,cLroneo posts, which post the pelitioners are holdin"p ;::,* *, 1i i..t ft t #rd: ffjrii,t, i i:,t;#i{il ::i; ffix;Tl,":',,';iflI ji- ?;l:i:[^:? thar the p.rrrione;;':il' daled 01 05 2023 on the sole ground mrx;"i:f ir."*Lli:"ilyslf il;,T::Ti.X'bfl 'l','11',7 mlrafid.: nr,".;".;;::"::ent as arbitrary. illegal. dis. rb. and 2r oi rhc corT.d-.u'constirutiJnal v;;,,],eTliillfl?, r erangana 'n,..n-,.ai,," Lill'1i9' tJ lndia and conirary ro the Y " I,r t., il J :;;il,i, ;:,]ii, ff 1ilfl :::::".t:5:,,$:;::: srmilarly, nol permilting lhe 2,,r Respondent to appoint/ regu larizr -:n:,''"". r* ^'i t 3 il: ^i; 7 PK, J W.P.No.34477 of 2023 C.C.No.626 oJ 2024 the services of tl.e Petitioners as regular {":ic,l k:j:lt-tt '" Dursuance of lhe request maae by the 2nd Respondent bv 6:;."Ji;;"-i, File I'io clE/4i202:-sERvlcES lll,,clE'Ldared to the l.t Respondent as equa.lly arbltrary, liloi.iiiii" "Ja.""""d illegal. discrimtnatory' u nconstitutional ' violaling Articles l4' l6 & 2l of the Constrtutlon of tnai' ard issuc consequenlial ii."-.ii."" jir""tl.,g the tr, Respondent to forrhwith p_ermit the 2nr ;;p-ornt 7 regularz' i he serviccs of I h.e. Petitio-ners as ;::;;;;",i; regular Junior [-eclurers 't' ihti' respective..subjects..in^ Urdu on par wit"h other candidates who re il:;rr. their services as regular Junior l'ecturers f""";;"* 'Co"r".No. I9. High; eau"'tio" ltel Department dated ""r".ililalr"g"r-Led O1.05.2023 and other consequential orders rssued -by ResDondents2&3.ifnecessaf'consideringlherequcst-madebv ;:YrH"il:;#Ii ,o tr," tj'Respondent br er99e5!1ns; in nire ^r^ .rE- 4 /rori-sERVtcES-UI-CId, dated t108'2023 forthwith )?;.Iri ]li".*;;tiut';;;'-Ill" in"l'di"g anears or sarary and senio.ity w.e f 03.05 2023 and pass " Learned counsel for the petitioners submitted that the 4. petitioners' mother tongue is Urdu and have studied Urdu as Second and also Possess ProhciencY Degree, Intermediate or Language ln or 'Fazrl' As such, having 'Aalim' Urdu Subject prescribed under certihcate in possessed the above requisite qualihcations AS Andhra Pradesh (Telangana) Intermediate Education Service Special Rules in G.O.Ms'No'302, Education (lE'I) Department' dated 30.l2.lgg3,the petitioners were appointed as Junior Lecturers (Urdu medium) on contract basis during the period sparning from 20O6 to 2010 and they have been teaching the students in their respective subjects in Urdu medium, for almost 13 to 17 years' However' at the time of their recruitment, a reguiar recruitment proCeSS, which 3 w.p.u".a+szz o;;z! C.C.No.626 oJ 2024 included following rule of reservation after selection by the Seiection Committee constituted by the competent authority, was followed, and therefore, the respondents ought to have treated.the appointment of the petitioners as tegular, instead of tontractual,, ald they aJso ought to have paid the sararies and other benefits in tune with that of the regular ,Junior Lecturers. However, without doing so, the authorities only paid the consolidated amount, i.e., minimum time scale' to the petitioners rluring 2or7 to 2023, inspite of the fact that they were appointed against regularly sanctioned posts, thereby, depriving their right of receiving salar5r on par with the regular Junior Lecturers, violating the principle of ,equal 5. pay for equal work,. It was G.O.Ms.No. 16, adopting the (Regularization further submitted that the Government issued Finarrce (HRM.U Department, dated 26.O2.2O16, Andhra pradesh (Telangana) public Employment of Payment to public Service and Rationatisation o1 d Pay Structure) Act, 1994, to enable the competent contract employees Staff Pattern an authorities to reguiarize the services of the working in various Departments of the State. In pursualce of the same, respondent No.3 rssued G.O.Ms.No.3g, Finalce (HRM.U Department, dated 30. 04. 2023, duly according financial sanction and 4 PK, J W.P.No.34477 of 2O23 C.C-No.626 of 2024 approval for regularization/reguiar appointment of contract lecturers- It was further submitted that before such a decision for regularization, the Govemment requested the Public Service commission to undertake direcl recruiLment to various categories ol posts, duly prescribing certain qualihcations' However' as the qualihcations submitted by the authorities in respect of the Junior Lecturer (Urdu Medium) Post, were contrary to the qualifications pre scribed under Special Rules in G'O'Ms'No 332 dated 30 12'1993' thePublicServiceCommissionexpresseddoubtsandSought clarihcations. Therefore, the Public Service commission brought to the notice of respondent No.2 that there are no specific Government orders on the different qualihcation prescribed for appointment to the post of Junior Lecturer (Urdu/Marathi Medium) and advised respondent No.2 to obtain specihc orders from the Government and submit to the commission. Thereafter, without properly exercising the constitutional/ legislative power vested under proviso to Article India, resPondent No.1 has issued 309 of the Constitution of dated 09.12.2022, accepting the Memo.No. 1 35 a- A I lE. Al / 2022 qualification prescribed by respondent No'2 for appointment to the post of Junior Lecturer (Urdu / Marathi Medium). Subsequently, the Public Service Commission also issued a Notihcation' prescribing the N :r i 5 PK, J W.P.No.344 77 oJ 2023 C.C.No.626 of 2024 qualilrcations mentioned in the Memo d,ated O9.t2.2O22, although, the said Memo would not prevail over the Statutory Rules. 6. It was further submitted that respondent No.2 had previously sent proposals to respondent No.1, vrde letters dated 19.O1.2017, 23.08.2022 arrd O2.O9.2O22, seeking permission to appoint 2532 contract Junior Lecturers working in Government Junior Colleges against the salctioned posts, in terms of G.0.Ms.No. 16 dated 26.02.2016. However, respondent No.2 did not include the names of the petitioner herein in that said proposals, on the sole ground that the petitioners did not possess the qualifications prescribed in the Memo dated 09.12.2022, which is illegal, arbitrary, unjust, violative of Articles 14, 16 and 27 of the Constitutions, besides violating the saturator rights vestcd by the petitioners 1n pursuance of the Telangana Intermediate Education Service Rules As the petitioners herein have been not only continuously working against the salctioned posts but also possessed the requisite qualifications prescribed under the Statutory Rules, respondent No.2 ought to have included the names of the petitioners in the proposal sent to respondent No.1 for regularization of their services. It was further submitted that in pursuance of the aforesaid proposals, respondent .I 6 PK, J W.P.No.34477 of 2023 C.C.No.626 of 2024 No.1 issued G.O.Ms.No'19 dated 01'05'2023' permitting respondent 2532 contract Lecturers working in Government No.2 to aPPoint against the sanctioned posts from the date of of appointment orders by the competent authority' subject Junior Colleges issualce toCertainconditions.Inturn,respondentNo.2authorizedthe .Concernedappointingauthoritiestorego|xizelappointthecontract Junior Lecturers as reguiar Junior Lecturers' Accordingly' respondent No.3 issued orders in proceedings Rc'No Ser'l-1/CJL- APYIl2023datedo3.o5.2023,dulyappointing2532Contract l€cturers as regular Junior Lecturers' 7 It was further submitted that many juniors in respect of length of their services as compared to the petitioners and those who possessed similar qualification as that of the petitioners were also appointed/regu larized, leaving behind the petitioners' which is arbitrary, illegal, discriminatory and in clear violation of Articles 14' 16 ald 21 of the Constitution of India As such' the petitioner made severalrepresentationstotherespondents,bringingalltheaforesaid facts, and requested to regularrze fappoint them as regr'rlar Junior all consequential benefits Lecturers, w.e.f., 03'O5'2023' with Therea-fter, vide proceedings dated

31.08.2023, respondent No'2 7 PK, J W.P.No. j4477 of 2A23 C.C.No.626 of 2024 requested respondent No.1 to regularize the services of the petitioners, duly relaxing the rules. However, respondent No.1 has not issued any orders so far. It was further. contended that the authorities, in an arbitrary and illegal malner, and in clear misunderstanding of the statutory rules, denied regularization of the services of the petitioners, while regularizing as many as 2532, not oniy similarly situated candiclates, but also the juniors of the petitioners. Therefore, the action of the respondents in not regularizing the services of the petitioners AS regular Junior Lecturers, on par with those appointed in pursuance of G.O.Ms.No.19 dated O t.O5.2023, is illegal, arbitrary, unconstitutional, discriminatory, mala lide and in utter violation of Articles 74, 16 and 27 of the Constitution of India. Therefore, learncd counsel for the petitioners prayed this Court to issue necessarJr directions in the present writ petition. Reliance has been placed on the decision of the Honble Apex Court in Bhagwati Devi qnd others u. Delhi Stqte Mineral Deoelopment Corpo rationt. 8 Per contra, learned Government pleader, while admitting that the petitioners were engaged only as Contract Junior Lecturers to r (1990) 1 SCC 361 8 PK, J W.P.No.34477 of 2023 C.C.No.626 of 2024 teach Urdu medium students, submitted that the Government' vide G.O.Ms.No.302 dated 30 l2'lgg3, issued special rules governing the posts in Intermediate Education, duly specitying the method of appointment for the post of Junior Lecturer under Direct Recruitment and the requisite quali{ications are specihed therein' However' the said G.O. is silent on the medium of Urdu' It was further submitted that the Junior Lecturers for Urdu medium were earlier recruited as per the notihcations issued by the Rrblic Service Commission during the said notifrcation, the second language at the who have studies Urdu degree-level, are eligible to apply for subjects in Urdu However, in the present case, the petitioners have not medium. studied Urdu as second lalguage at their graduation-level' so as to consider their claim for regularization' 2OO4 atd 2OO6, and as Per the years candidates Bachelor's AS It was further submitted that the Government has earlier issued g. orders vide G.O.Ms.No' 16 d'ated' 26'02'2O16' for the purpose of regolat\zirlg the services of the persons appointed on contract basis with certain conditions' Thereafter' the Government' vide Circular Memo.No.308-A/51'3/HRM'1l2Ol4 dated 26'O2'2016' issued instructions to all the Departments of the Secretariat to forward the 9 PK, J W.P.No.34477 of 2023 C.C.No.626 of 2024 proposals, in the prescribed checklist, to the Finance (HRM) Department, for regularization of services of the eligible personsr fulfilling the conditions prescribed in G.O.Ms.No. 16. However, since none of the petitioners herein fulfill the conditions prescribed therein, apart from not possessing requisite qualification of Urdu as second language at the bachelors-levei, their case was not considered for regularization. It was further submitted that the proposals were sent to the Government, vide Lr.Rc.No.Op. 1_l/SIL_DR/2022 dated 15'O9'2022' for prescribing the qualilication for urdu medium Junior Lecturer posts, Thereafter, the Government issued Memo dated 09.72.2022, stating that the candidates who have studied in Urdu medium up to X class_level or the candidates who have studied in Urdu medium as first language at X class_level and also studies Urdu as second language at bachelors degree_level, are eligible to apply for subjects in Urdu medium. It was further submitted that since the petitioners failed to fulfilt the condition of acquiring Urdu as second language at the bachelors degree-level, proposals have been sent to respondent No.1 vide letter dated 31.0g.2023. to issue necessary orders in the matter. Thereafter, a detailed report was also submitted to the Government vide letters dated 19.o7.2024, 27.O4.2024 and the Government has

16.O5.2O24, 07.06.2024 arrd OS.OZ.2024, ) \ 10 PK' J W.P.No.34477 of 2023 C.C.No.626 oI2024 issued Memo. No.l622-AllE.A2l2022 dated 23'08'2024' rejecting the claim of the petitioners (communicated vide proceedings dated 23.08.20241 in term of G.O.Ms No 3O2 dated 30 i2' 1993 r/w' G.O.Ms.No.16 dated' 26.02'2016, as they do not possess the minimum qualifrcation of Urdu as prescribed by the Government and issuedintheNotificationforrecruitmentduring2004arld2o06. Therefore, it was prayed to dismiss the present writ petition'

10. This Court has taken note of the rival submissions made b1' the learned counsel for the respective parties and perused the material on record 1 1. Admittedly, the petitioners herein were engaged as Junior Lectures (Urdu medium) on contract basis during the years 2006 and 2010, after undergoing a due process of selection' and were appointed against the sanctioned posts in various Government Junior Colleges' It is not in dispute that the petitioners have rendered almost 13-17 years of contractual service without aly interruption Now the main grievance of the petitioners pertains to the denial of regularization of their services, despite being similarly situated with the 2532 contract Junior Lecturers, whose services were regularized vide G O Ms'No 19 dated o1.05.2O23. The main ground for not regular izing thle services i d I f * I i i I I I I It l' t I I I { I F ! { t $i : 11 PK, J W.P.No.344Z7 of 2O23 C.C.No.626 of 2024 of the petitioners is that they do not fulfill the requisite qualifications, more particularly, they do not possess Urdu as a second language at the bachelor,s degree_level, as prescribed in Memo.No. 13Sg_A/IE.A1 / 2022 dated 09.t2.2O22 ).2. In this connection, it is pertinent to refer qualifications prescribed for the post of Junior G.O.Ms.No.302 dated 30.72.Igg3, which is extracted hereunder: to the statutory Lecturer under "Must possess a second class post Graduate Degree (MA or M.Sc , or M.Com., OR 8.A..(Hons) or B.Sc., (Hons) or b.Com !1,:::L :. an)/. oth:r equivalenr po"r c *jr# "o"*"."' i.,,r,. FliJffii,, # 3i",: /jil#,H: o;'",Ti...' :' ::*ll ;1. .lil: Act or a provincial A"t oI. ,, InstiruUon recognized by the University Grants Commissron or an equivalent qualihcation xh,x#:T?"m of 50% _,,ks i, ";"i;;;#,,il.o"" 13. A plain reading of the above makes it clear that the aforesaid statutory Ru le mandates that a candidate must possess a second_ class Post Graduate Degree in the relevant subject or lalguage to be eligible for appointment as Junior Lecturer. However, it docs not prescribe Urdu as a second language at the bachelor,s degree-level as a mandatory. requirement and the said requirement was introduced by way of the Memo.No.1358 _A/IE.At/2022 09.12.2022. 12 PK, ,] W.P.No.34477 of 2023 C.C.No.626 of 2024

14. Further, during the course of hearing' this Court specihcally posed a question to the learned Government Pleader for Services-I' as to whether the services of any similarly situated candidates as the petitioners were regularized on par with the 2532 'l:unior Lecturers' vide G.O.Ms.No. 19 dated 01 05'2023' On instructions' learned Government Pleader submitted that no such candidates were considered and that the regularization was undertaken strictly as per G.O.Ms.No.16 dated, 26.02'2016' However' on 23'O4'2025' learned counsel for the petitioners filed a Memo vide C C'USR'No'44387 of 2025, in C.C.No.626 of 2025, stating that the services of as many as five similarly placed candidates, viz', Shaik Rahamthulla' Asifa Banu' Asra Sultana, Shaik Khaleel-ur-Rahman Ansari and Farha Yasmeen' were regularized. However, this Court is of the view that the said reguiarizations do not directly confer any legal right to the petitioners to claim regularization.

15. At this stage, this Court deems it apposite to refer to the judgment of the Division Bench of this Court d'ated l9'll'2O24 in W.P.Nos.10744of2023andbatch,wherein'theDivisionBenchhas held t1'at the provision under Section 1O-A of the Telangana (Regulation of Appointments to Public Services and Rationalization of t,I { i I 13 PK, J W.P.No.3447Z of 2023 C.C.No.626 of 2024 Staff Patter and pay Structure) Act, 1994, was ultra uires and, lnstructed the Government to undertate regular appointments and not regularization. The relevant portion of the said judgment IS extracted hereunder .th "ppo_t "61 . Thus, we find substance in the argument of the e peri Lioners rhat .";J; ;i;h e orfi ci al 5:-T1 ::.1,,""t for rlrpttrrqcnrs m regutanzlng the contractual employees is bad ln law. More_so, when their contractu".l i_r..rt" *... lslinst Ruulic poticy. No puuti" aauerti".',i#i1ri" ',"., -'*"tn"t"aa, Lnvrhng cand.idarures of etigible "o ""rdi;;;;. contractual employees *.." qiu.1 -#""..iUi"g "o.rt ".tr-J "rnoio .rr, rn an opaque marlner and_ thereafter, Uy eligibility conditions mentioned rr"p"sja S.li'"" ,o A,. which were different una contra.y'- ""a1. .lr"jiLi""" catior,r. s ervice_ Rule s, they were ffi r*i= j: "il"11"", *. ", 'pi*.. 1lu - are _unable to hold that such - -- vr PvE regularizing is inconsonance with law. f1,^-ll :tX of. foregoing analysis, Section 10_A of the 'S.".u,.", I elan€ana (Regulation of Appointment" to Fu Iti"' ard Rationatization of st"ff i,"tie. ,rJ"; S;;:d; o.,, 1994 is declared as ultra r;r". ,rra iI-;",a" Contractual employees, who were already regula,zed, need nrt be terminated. Henceforth, the statJ c.?I.i-tii filI up the posts in accordance *th lliv "rrrl .., o, regularizing the contractual employees.,, "oi".i"#r, "i"..1*" ";;" -t-o -

16. From the above judgment, it is quite clear that G.O.Ms.No. 16 daLed 26.02.2016, which was the basis for regularization of serwices of contract employees, is also legally invalid. As such, any regularization made under the said G.O. is legaily unsustainable t I 1,4 PK, J w.P.No.34477 ol2023 C.C.No.626 of 2024

17. Once the Division Bench of this Court has held that the provision enabling such regularization is invalid, no further regula-rizations ca-n be undertaken, and no individuat can claim a right for regularization.

18. Further, although the petitioners claim that the services of some of the similarly placed individuals were regularized, in view of the above factual matrix, this Court is not inclined to grant any relief to the petitioners. As such, the present writ petition is liab1e to be dismissed. lg. Accordingly, W.P.No'34477 of 2023 is dismissed'

20. Consequently, the Contempt Case filed by the petitioners vide C.C.No.626 of 2024 is closed. Miscellaneous applications, if any, pending in this writ petition and contempt case, sharl stand closed. No,costs. sD/- K.AMMAJT DEP UTY REGISTRAR /TTRUE COPY// SECT OFFICER To, i ?*: 33Ji"'35 E""c [EF'[]A!n,!i tf'"'ig:1"'5'Yn"J '"'" " lvot'"u'or%"'to* sERvlcES I a. Two CD CoPies of reransana at court for the state of relangana at Hvderabad [OUT] 'High (k BM PSK 7 HIGH COURT DATED:11107t2025 -i c\ C) C) * il,--' s r sEP 2025 6pa1-1;" o * COMMON ORDER WP.Nos.344tt of 2023 AND CONTEMPT CASE NO. 626 OF 2024 DISMISSING THE WRIT PETITION WITHOUT COSTS CLOSING THE CONTEMPT CASE ( $ 1)