132521

IN THE HIGH COURT FOR THE STATE OF TELANGANA

AT HYDERABAD

(Special Original Jurisdiction)

THURSDAY, THE EIGHTH DAY OF JANUARY

TWO THOUSAND AND TWENry SIX

PRESENT

THE HONOURABLE MRS JUSTICE SUREPALLI NANDA

WRIT PETITION NO: 25080 OF 2023

Between:

K. Rama Rao, S/o Markandeya, Aged about 51 years, Attender (discharging the

duties of Junior Asst.) 0/o Assistant Commissioner of Endowments, lntegrated

District Offices Complex, Khammam - 507 318

...PETITIONER

AND

1. State of Telengana, represented by its Principal Secretary, Revenue Department,

Secretariat Buildings, Hyderabad.

2. State of Telengana, represented by its Principal Secretary, Finance Department,

Secretariat Buildings, Hyderabad.

3. Commissioner of Endowments, Telangana, Tilak Road, Boggulakunta,

Hyderabad.

4. District Collector, Khammam District, Khammam-

5. Deputy Commissioner of Endowments Warangal, Warangal District.

6. Assistant Commissioner of Endowments, lntegrated District Offices Complex,

Khammam -- 507 318

7. District Treasury Officer, Khammam, Khammam District.

8. Assistant Treasury Office, 0/o District Treasury, Khammam

9. Zilla Saksharatha Samithi Khammam, rep.by its Chairman

,..RESPONDENTS

Petition under Article 226 of the Constitution of lndia praying that in the

circumstances stated in the affidavit filed therewith, the High Court may be pleased to

issue a Writ, Order or Direction, more particularly one in the nature of Writ of Mandamus

declaring the Proceedings in Rc.No. At1BZl2O17. dated 27 -6-2019 by the Asst.

Commissioner, kndowments Department, Khammam revoking regularisation orders

oldie Petitioner issued through Proceedings No. N78212O17, dated 31- 7-2017 and

terminating regularisatron of his servrce and the action of the Respondents in not

considering the reply, dated submitted by the Asst.Commissioner, Endowments

Department, Khammam to the quarries raised by the Assistant rreasury officer, District

Treasury Office. Khammam in the Treasury Check Slip (Bill lD No.35553), dated

21.12.2017 is wholly illegal, arbitrary and violative of Articles 14, j6 and 21 ol

Constitution of lndia, total non application of mind and contrary to G.O.Ms.No.16,

Finance (HRM-l) Department, dated 26-2-2016 apart from being violative of principles of

natural Justice and consequently declare that the Petitioner is entitled for regularization

of his services with all consequential benefits

l.A. NO: 1OF 2023

Petition under section 151 cPC praying that in the circumstances stated in the

affidavit filed in support of the petition, the High court may be pleased to direct the

Respondents to take action on the reply dated 20-2-2019 submitted the Asst.

commissioner, Endowments Department, Khammam to the queries raised by the

Assistant. Treasury officer. District treasury office, Khammam in the Treasury check

Slip (Bill lD No 35553), dated 21 12.2017 by suspending the proceedings in Rc.No.

N18212017. daled 27 -6-2019 of the Asst. commissioner, Endowments Department,

Khammam

Counsel for the Petitioner : SRt KtRTHt TEJA KONDAVEETI

Counsel for the Respondent Nos. 1, 3 to 6 & 9: Gp FOR SERVICES - I

Counsel for the Respondent Nos. 2,7 &B: AGp FOR FINANCE AND PLANN|NG

The Court made the following: ORDER

HON'BLE MRS. JUSTICE SUREPALLI NANDA

WRIT PETITION No.25080 OF 2023

ORDER:

Heard Sri Kirthi Teja Kondaveeti, learned counsel

appearing on behalf of the petitioner, learned

Government Pleader for Services-I and learned Assistant

Government Pleader for Finance and Planning, appearing

on behalf of the respondents.

2. The Detitioner approached the Court seekinq Drayer

as under:

"...to issue a Writ Order or Direcron morc particularly one in

the nature of Writ of Mandamus declaring the Proceedings in

Rc. No.A/182/2017 datcd 27 6-2019 by the Asst

Commissioner Endowments Department Khammam

revoking regularization ordcrs of thc petitioner issued

through Proceedings No.A/lB2l20 t7 dated 37-7-2077 and

terminating regularization ol' his scrvice and the action of

the Respondents in not r.onsidering the reply dated

submitted by the Asst. Comrnissioner, Endowments

Department, Khammam to thc quarries raised by the

Assistant Treasury Officer, Drstrict Treasury Office

Khammam in the Treasury Check Slip (Bill ID No.35553)

dated 27.72.2017 is wholly illegal, arbitrary and violative of

Articles 14, 16 and 21 cf Constitution ol' India, total non-

application 01'mind and contrary t.o G.O. Ms. No, 16 Finance

(HRM-I) Department datad 26-2-20 16 apart from being

violative of principles oF natural JUstice and consequently

declare that the petitioncr is entitled for regularization of his

servlces with all consequcntial benefits and pass" "'

3. The seofthepelitiqnel_inbrief as D

SN. .]

wp 25080 2023

er the

ents madtnhffida dbf the loner tn

SUDDOrtothEDresent writition is as under:f

The petitioner was appointed as Attender on 31.12.1991

on consolidated pay in the office of Deputy Director, Adult

Education, Khammam. Thereafter the petitioner was allotted to

work in the office of tho Asst. Commissioner, Endowments

Department, Khammam through outsourcing agency vide

Proceedings No. KZI\45/Kvll4/1392/2008, dated 08.08.2009

issued by the President, Kinnera Zilla Mahila Samakhya,

Khammam. The Asst. Commissioner of Endowments,

Endowments Department, Khammam issued Proceedings in

Rc.No.A/2220 /2007, dated 22.08.2009 posting the petitioner as

Junior Assistant (Outsourcing;. The petitioner made a

representation dated L0.01 2077 to the District Collector,

Khammam for regularization oF his services as per

G.O.Ms.No.16, Finance (HRM.I), Department. The Assistant

Commissioner, endowments Department, Khammam revoked

J

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wp_25080_2023

the regularization orders of the petitioner in proceedings No.

A/782/2017, dated 31.07.2017 terminating the services of the

petitioner as Attender. The petitioner has been continuously

working from 01.01.992 onwards, The petitioner has put in

more than 15 years service as on the date of Uma Devi

Judgment dated 10.04.2006. Aggrieved by the proceedings in

Rc.No. A/78212017, dated 21 .06.2019 revoking the

regularization orders issued through proceedings No.

A/782/2017, dated 31.07.2077, the petitioner approached the

Court by filing the present writ petition.

4. PERUED THE RECORD

(A)Therder imoned vide Proceedinos Rc. No,o uo

A/7A212O17, dated7.06.2O19 issued bv thesistant

Commisioner, Endoments DeDartment, Khamam is

extracted hereunder:

Rc.No.A/7a2/2077

,

Office of the Assistant Commissioner,

Endowments Department, Khammam

Dated 27.06.2019

Sub: Endowments Departmcn[ - Khammam District - Office of

the Assistant Commissioncr, cndowments Department,

Khammam District - Establishmcnt - Class IV - Regularization

of services of Sri Kl. Rama Rao, Appointment on

contract/Consolidated salary as Office Subordinate in the

existing vacancy orders - issued - Found to the contrary to

G.O.Ms.No.16, dt.26.02.2016 Revocation - orders - issued

_

Reg.

s\' I

\P 25080_2021

Ref: -

-o0o-

Whereas the services of Sri K Rama Rao S/o Markondaiah

has been regularized in lhe cadre of Office Subordinate in

accordance with the rule 10 (a) Telangana State Subordinate

service Rules 1996 and posted rn the existlng vacancy in the

establishment of Office of the Assistant Commissloner'

Endowments Department, Khammam in the time scale of 13000-

4O2lO in the reference 1'r cited Further, the Employee

Id.No.3100211 and CPS No 110171967631 were allotted to the

individual while treating him as regular employee'

in the reference 2''r cited, the District Treasury Authorities'

Khammam have raised objections in the above matter as the

individual is not full time contingent employee, not getting

monthly remuneration as per G.O'Ms'No' 16 (b)(2) Dt

26/0212016 smf sd pm 02/06/2014 the individual on outsourcing

basisaSJuniorAssistant.Ultimately,theaCtionoftheAssistant

Commissioner, Endowments Department, Khammam which

taken in the refe-ence 1'r cited has found contrary to the

provisions and rules of G.O.Ms.No 16 Dt. 26'02'2016'

In view of the above facts, the Deputy Commissioner,

Endowments Department, Warangal zone has instructed to take

1. This Offrcc Proc. No. A/78212OL7, dated 3t'O7 '20t7 '

2. Oblections Dt 2l.l2-2O17 raised by Assistant

Treasury Offlcer, District Treasury Office, Khammam

D rstrict.

3. Adverse Ncws published on 31'08 2019 in Andhra

Jyothi DailY.

4. Rc.No. A4lg5Ol2079, dated 04.06'2019 of the Deputy

Commissloner, cndowments Department, Warangal Zone'

5

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wP 25080_2023

necessary action immediately for revocation of appointment

orders issued to Sri K. Rama Rao in the reference 1st cited.

Therefore, the orders issued in the reference 1st by this

office are hereby revoked and the services of Sri K. Rama Rao

are hereby terminated with immediate eFFect.

sd/_

Assistant Commissioner

Endowments Department

KHAMMAM

To

Sri K. Rama Rao, S/o. Markondaiah

R/o. H.No.1-1, Thirumalayapalem (V&M)

Khammam District

(B)The ooceedinosf the Assisnt Commisstoner,

owm DertKhmm vide P n

72 3L.O7.2t7ddr h

Detitioner herein is extracted hereunder

Proceeinqs No,A/782/20L7 Dated 3.o7.20L7

Sub:- Endowments Departmcnt - Khammam Dist - Office of

the Asst. Commissioner, cndowmcnts Department, Khammam -

Establishment - Class-IVth- Rcgularization of services of Sri K.

Rama Rao, appointed on co ntra ct/Co n solidated salary - as

Office subordinate - in the existing vacancy - orders - Issued -

Reg.

Ref:- 1) Proceedings in Rc.No.Estt/appointment/ Akshara

Deepam/ Khammam Dr .31-12-1991 of the Dist.

Collector/Chair man / ZSS, Kha m ma m.

2) Representation of Sri K. Rama Rao, Dt. 10.01.2017

submitted to the district Collcctor, Khammam.

d

()

Sr"-..1

p 250{10 2021

3) G.O,Ms,No.16 Frnance (HRM-1) Department'

Dr.26.0 2.2 0 16.

4) Note Approval of the District Collector, Khammam

Dt.lL.O4.201.1 in R,c No 2736/A/DDAE/Kl'l1t!/20t7

'

Dt.01.04.2017 submitted by the Deputy Director' Adult

Education, Khammam.

5) Note Approval of the District Collector, Khammam

Dt. fi.67.20t7 in Rc.No 2736l AlDDAElKt"1l4l2ol7, Dt'

73.06.2017 srbmitted by the Assistant Commissioner'

Endowments DePartment, Khammam

&&&

ORDER

Sri K. Rama Rao, was appolnted as Attender in Zilla Saaksharata

Samithi, Khammam (ln contracl basis on a consolidated salary vide

proceeding of the D strict Collector, Khammam/Chairman' zilla

Saaksharata Samithi, Khammam vide in the reference 1'r cited in the

O/o the Deputy Director, Adull Education and worked up to 2009'

Subsequently, for want of regular vacancy he was posted as Junlor

AssistantintheofficeofthcAssrstantCommissioner,endowments

Department, Khammam on outsourcing basis by the District

Employment Officer, Khammam as per the note orders of the District

Collector, Khammam and he ls working as such w e f 13 08 2009 In

the reference 2'" citcd, the incumbent has requested to the Dlstrict

Collector, Khammam to cons dcr his case as per g O Ms No 16 Finance

(HRf'4-I) Department, Dl.26.02.201,6 to regularize his services and for

posting him as office subordinate in the existing vacancy in the District

pool, in the Office of the Assistant Commissioner, Endowments

Depa rtment, Khammam,

Accordingly thc Distrrct Collector, Khammam has considered his

request and permittcd to regularize his services and post him as office

subordinate in the existing vacancy in the office of the Assistant

/4

9,

1

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rvp 25080_2023

Commissioner, Endowments

reference 4rh & 5th cited.

Department, Khammam vide in the

"In view of the above, and in accordance with the rule 10(a) of

Telangana state Subordinate service Rures 1gg6 and arter verification

of the Original Educational

eualifications

incumbent, the servrces of Sri K. Ramallao, S/o

Ce rtificates of the

. Ma rkondaiah, R/o.

Thiruma layapalem

regularised in the

existing vacancy

(V&tvl) of Khammmam District is hereby

cadre of Office Subordinate and posted in the

in the offlce of the Assistant Commissioner,

Endowments Department, Khammam in the time Scale of pay

13000_

390 - 7417 0 -430

_

75460 _47

0

_

76870_ 5 1 O

_

r8400_ 550^20050_590_

2t820-640-23740 _700 _

25840 _

760 _

28720 _

820 _

30580_880_

33220-950 - 36070 - 1030 _

39160 _

tItO_4027O of Revised pay

scare-2.15' The individuar is requested to report before the Assistant

Commissioner, Endowments

subordinate.

Depa rtmcnt, Khammam as office

The services of the incumbe nt are pure ly temporary and in liable

to be terminated at any

assigning any reason.

tjme wjthout prior notice and without

To

Sri K. Rama Rao, S/o. Markondaiah,

R/o. H. No.1- 1, Thiru malayapalcm (V&tvl),

Khammam District.

Assista n t Commissioner,

Endowments Department,

Khammam

8

(c)cunrffidavith bn file

s\' l

\!n,15080 2023

t

eva ntDa raNs.5,20,2t,3

resDondent No,6and the rel

d2are extracted hereunder:

5' In the year 2009, lh(' Dcputy Director' Adult Educatlon' ZSS

KhammamvtdeLetterNo.4g5lZSSlKMl'1/2008,Dt.20.05.2009

addressedtotheDistrictEmploymcntofflcer,Khammamthat,the

District Collector vide note orders on O1-05-2009 had endorsed to

contact the Dlstrict Employmcnt Offrcc to place the surplus staff i e Sri

K.RamaRao(Petitionerherein)&anotherpersoninanyotheragency

which requires man power and appointing them through outsourcing

agency.

2C.' Accordingly, the enquiry was conducted by the J'V'O

'

Hyderabad and subrritted rcport to the Commissioner of Endowments

In the enqu irY

Officer fou nd

findings dl

out ti'at,

21,06.2019 (copy enclosed) the Enquiry

thc pctitioner submitted representatlon

but lhc Adult Education Department and

according to G O,Ms,No 16,

also the then Asststant Commissioner' Endowments Department'

Khammam both had not mentioncd in their note file that the said G'O'

is not applicable to the petitroner, bccause the petitioner did not work

anywhere on Full time contract basis'

2l,Assuch,itcanbeconslruedthat'theappointmentofthe

petitioner as regular attender in Endowments Deparrtment is illegal

and against the rules. Furthcr rl was also found out by the Enquiry

Officer that, how can thc another Assistant Commissioner has

resubmittedtheSaarybllaqalnwhilepayingremunerationtothe

petitioner on outsourclng basrs. uy forwarding the enqurry report' the

Commissioner,endoWmentsDCpartment,HyderabadvideMemoin

Rc.No. Vi/5395 l2o7g, Dl. 73 '1'1

2o1'g (copy enclosed) has directed the

Deputy Commlssioner, Endowmcnts Department' Warangal to take

9

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\YP_250E0_2023

necessary action against Sri T. Rajendram, Assistant Commissioner

and other officers involved in the matter.

23. In compliance of the abovc orders, the then Assistant

Commissioner, Khammam revoked the earlier appointment orders of

the petitioner and also terminated hts services vide Rc.No.

A/782/2077, Dt.27.06.2019 (copy enclosed). The same order was

served upon the petltioner on 27.06.20)-9 and also dispatched to the

Commissioner of Endowments Hyderabad and Deputy Commissioner,

Warangal for information.

25. It is submitted that, as per the explanation submitted by

the then two Assistant Commissroners and section clerk, the Deputy

Commissioner, Warangal imposed punishment of Censure upon Sri T.

Rajendram the then Assistant. Commisstoner for appointing the

petitioner as Attender Regular and also issued warning to Sri E. Gouri

Shankar the then Assistant Commissioner and to the Section clerk for

re-submitting the Bill without verification".

(D)Note File vide Rc.No. 2736/AlDDAE/ KMM/

20L7.dated 1.O4.2O17 of the District Collector,Khammam

is extractehereunder:

Sub:- Adult Education Department - Khammam

Representation of Sri K. Rama Rao (Ex) surplus employee now

working in Endowment department Khammam as outsourcing

employee - Request for posting as office subordinate in the

vacant post in endowment dcpartment - Regarding.

Ref:- 1) Proceeding of the Chairman, Akshara Deepam, ZSS,

Khammam Rc.No. Estt/KMM/92, Dt: 31- 12- 1991.

2) Note approval orders of the then District Collector,

Khammam Dt 3.04.2004.

3) Proceeding of Kinnera Mahila Samakya, Khammam

No: KZMS/KMl'tl/7392/2OO8, Dt: 08.08.2009 addressed to Asst.

Commissioner, Endowment Dcpartment, Khammam.

lo

4)

26.O2.2076

s)

10.01 .20 17

SN, I

\p 25080 2(l2l

G.O, Ms. No.16/Fin-HRM- 1, Department, Dt

Reprcscntation of Sri K. Rama Rao, Dt

Su bm itted

Kindly pcruse the rcprcscntation of the indivldual (working as

Outsourcing employee in endowment Department, Khammam) Dt:

10.01.2017 together with thc cndorsement of the District collector Dt:

1 1-01-2017,

In this connection it s submitted that this individual was

appointed as attender, in Zrlla Saakshar Samithi, Khammam (in the

O/o Oeputy Director, Adull Education) vide proceeding of the then

District Cojlector, Khammam/Chalrman, Zilla Saaksharata Samithi,

Khammam, 1'' cited at a monthly consolidated pay of Rs 400 00 per

month during the year 1991. He worked up to 2003 in the same

department i.c., orfice of the Deputy Director, Adult Education,

Khammam.

Subsequently, due to shortage of grant in the Department he

became surplus anc a note was processed on 03-04-2004 proposing

for accommodating n the Labour Department i.e., O/o of the Assistant

Commissioner Labour, as offlcc Subordinate ln the existing vacancy

there and the then District Collcctor was pleased and approved the

proposal on 04.04.2004 but it was not materialized, due to re-

employment of a person lhcrc 1n view of the instructlons of the

commissioner for Labour isstrcd on 1,6 O1 .2004'

It ls submitted that at a later date at the request of the then

Deputy Director, Adult Educatlon, Khammam his case was referred to

the Diltrict Employment officcr, khammam for provlding job who in

turn recommended his casc to Kinnera Mahila Samakya, Khammam

vide reference 3-i for provtding job (outsourcing) in the vacancy

existing there. Accordingly hc was posted as employee (Outsourcing)

by the Assistant Commissioncr Endowment, Khammam was effect

from 13.08.2009 and since then he ls working as an outsourcing

employee i. e., from 2009.

This individual is working as an Outsourcing employee since last

(05) years. Now tt^e individual has requested to consider his case as

Office Subordinate n the Vacant Post, existing there i.e., in the O/o

Asststant Commissioner Endowments, Khammam.

In this connection iI rs submitted that the Govt' have issued

instructions in G.O.Ms.16 (Fin HRM) Dcpartment Dt: 26.02.2016 and

tl

according to which his case can be considered if there is a sanctioned

post.

Hence if agreed to, the Assistant Commissioner Endowments be

requested to consider his case to the regular office Subordinate posi

(vacant post) keeping in view of his tenithy servrce and rures there

f or.

Sir,

It is submitted that the jndjvidual

concerned has brought the

previou_s (connected) file from the Labour office and handed

-over

in

this office on Dt: 30.03.2O17 and as such tnl detay caused in

processing the file may pleased be condoned.

SN. J

wp_2s080_2023

District Collector

Khammam.

For Orders

DDAE (FAC)

KMM.

Submiedlr

Asst. Commissioner

Endowments, Khammam

.. _ _

*,nq', peruse the approval of the Dist. Collector, Khammam, at

N.F. Page No. (2).

In this connection, it is submitted that (3) Three Office

Subordinate posts are vacant in this office (O/o the Assistant

Commissioner, Endowments Dcpartment, Khammam and this

individual, Sri K. Rama Rao, can be posted in the vacancy as Ofrice

Subordinate (Scale post)

in vicw of his services.

Submitted for kind a p prova

l

Dist. Collector

Khammam.

SN. J

Np 1i080 2021

5. The Iea rned aDDeannqonbehalf ofthe

Detitioner mainlv Duts forth the followtnq submissions:

(i) That the petitioner was appointed on 31'12'1991 on

consolidated pay in the office of Deputy Director, Adult

Education, Khammam. Thereafter the petitioner discontinued in

Adult Education Department in August, 2009'

(ii) The petitioner was allotted to work in the office of

Asst. Commisstoner, Endowments Department, Khammam

through Kinnera Zilla Mahila Samakhya, Khammam, an

outsourcing agency vide Proceedings No. KZMS/KMM/1392/2OOB

dated 08.08.2009.

(iii) In pursuance to the said proceedings dated

OB.OB.2009 the petitioner joined as Attender in the office of

Assistant Commissioner of Endowments, Khammam on

13.08.2009 and also proceedings dated 22'08'2009 of the Asst'

Commissioner of Endowments, Endowments Department,

Khammam. The petitioner was posted as lunior Assistant

(Outsourcing) in l. Section and since then the petitioner had

been continuously working in the said office.

(iv) The District Collector, Khammam accorded

permission to regularize thc scrvices of the petitioner as Office

counsel

tl

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wP

_25080 _2023

Subordinate in the existing vacancy and posted in the ofFice of

Asst. Commissioner of Endowments Department, Khammam in

the time scale of pay of Rs. |3OOO_40270 of Revised pay

Scales,

2015 and the petitioner joined duty in the office of Assistant

Commissioner, Endowments Department, Khammam as Office

Subordinate. The petitioner had been working since 31.07.2017

as Office Subordinate, Assistant Commissioner, Endowments

Department, Khammam.

(v) To the shock of the petitioner, the order impugned

dated 27.06.2019 had been issued to the petitioner informing

the petitioner that the order issued in Favour oF the petitioner

vide Proceedings No. A/782/2017, dared 31.07.2017 had been

revoked and the services of the petitioner had been terminated

with immediate effect.

(vi) No charge sheet or notice was issued to the

petitioner prior to issuing the impugned order dated 27.06.20rg

by the Assistant Commissioner, Endowments Department,

Khammam.

(vii) In view of the fact at borne on record that the order

impugned, is in clear violation ol. the principles of natural justice

and in view of the fact that there had been clear

l-1

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\p,25080_2023

recommendation in favour of the petitioner vide

Rc.No.2736lA/DDAE/KMN4/2017,

dated 07'04'2017 of the District

Collector, Khammam, petrtioner is entitled for grant of relief as

prayed for.

(Viii) The order impugned had been passed unilaterally behind

the back of the petitioner, without puttingthe petitioner on Prlor

of personal hearing to

notice, without Providing

an

the petitioner to PUt forth the

opportunitY

Baseotheafo rsaid substotle d

petitioner case.

on behlf ofheitirnten

n aarln

thatorderrmDuqnedneeds to beet aside.

6. The learned Govcrnment Pleader for Services-I' appearing

on behalf of respondent No.6 placing reliance on the averments

made in para Nos.5, ?0, 2-1 , 23 and 25 of the counter affidavit

contends that the appointmcnt of the petitioner is illegal and

against rules. Action had been initiated against the officers

concerned, who had been held responsible for issuing the

proceedings No.AlTB?l?O17, dated 31'07'2017 regularizing the

services of the petitionerin the cadre of Office Subordinate and

posting the petitioner in the existing vacancy in the office of the

Assistant Commissroner, Endowments Department, Khammam

15

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,1'p 25080 2023

District, and there is no illegality in the order vicle Rc.No.

A/782/2017, dated 27.06.20L9 passed by the Assistant

Commissioner, Endowments Department, Khammam and

therefore, the petitioner is not entitled for any relief as prayed

for and the writ petition needs to be dismissed.

DISCUSSION AD CONCLUSION:

7. A bare perusal of the para Nos.7 and 9 of the counter

affidavit filed on behalf of the respondent No.6 reads as under:

"7. As such, the Deputy Director, Adult Education has

submitted note to the Cha irma n/District Collector, Khammam for

adjustment of them in any olher sister departments as the District

Collector is the Chairman for various Developmental Departments.

Then, the petitioner was referred to the Employment Office Khammam

on Dt. 20.05.2009 and after a gap of three months, the petitioner was

sponsored through Kinnera Zilla Mahila Samakya on 08.08.2009 to

work in the Endowments Department as lunior Assistant on

outsourcing basis (Copy Enclosed

)

9. It is submitted that, the individual is an Outsourcing

employee not a Contract employee. A contract employee is

whose services are certain period of time and extended every

year. But Outsourcing employee is allotted through third party

Agencies and their salaries has also been paid through

Outsourcing Agency only. The petitioner is not contract

employee and he is an Outsourcing employee. The Outsourcing

services cannot be regularized".

l6

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rvp 25080,2023

8. The plea of the learned Government Pleader placing

reliance at para Nos.7 and 9 of the counter affidavit filed on

behalf of the respondent No.6 that the petitioner is not a

contract employee, and further that the services of outsourcing

employee cannot be regularized is not tenable. It is clearly

admitted at para No.7 of the counter affidavit filed by

Respondent No.6 that petitioner was sponsored through Kinnera

Zilla Mahila Samakhya on 08.08.2009 to work in the

Endowments Department as Junior Assistant on outsourcing

basis. It is also admitted at para 11 of the counter affidavit filed

by the 6th respondent that the outsourcing service of the

petitioner started in the Endowments Department

w.e.f.,13,08.2009. Hence this Court opines that petitioner cannot

be denied of petitioner's substantive rights which had accrued

over a considerable period through continuous service'

9. A bare perusal of the Note File vide Rc.No.2736lAlDDAE /

KMM12O77, dated 01.04.2017 which is duly signed and attested

by District Collector, Khammam and also Assistant

Commissioner, Endowments Department, Khammam clearly

indicates a clear recommendation in favour of the petitioner to

consider the case of the petitioner to regularize the services of

t'7

SN..'

wp 250E0 2023

thepetitionerasofficesubordinate(Vacantpost)keepingin

view of the lengthy service rendered by the petitioner herein' A

bare perusal of the Note File vide Rc'No'2736/A/DDAE /

KMM/2017, dated O:r.O4.2OL7 further indicates a clear

recommendation made on behalf of the District Collector,

Khammam, Assistant Commissioner, Endowments Department'

Khammam indicating that the petitioner may be posted in the

existing vacancy of Office Subordinate (Scale Post) in view of his

servrces.

10. This Court opines that the pleas put forth by the learned

GovernmentPleaderthatthepetitionerisanoutsourcing

employee and hence cannot have any claim for regularization as

averred at para No.11 and para No'6 of the counter affidavit is

contrary to the view of the Appex Court which clearly in its

judgments had held that outsourcing employees are also entitled

for consideration of their cases for regularization of services'

f

.L2.4

11. mu

cconLanesc3a26nJaqoAnita and

reortein2o24

dothers,andtherelevnt

oters

h

Un

1 2L

drn

ionIniaa

18

13.

were

The claim bv the resoondentsthat these

not reqular Dosts Iacksmerit, as the

nature of the work oerformd bv the

a ooella ntswas Derennial and funamental to

SN, ]

wp_25080_2023

n

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 in he re nt

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.

20. It is well established that the decision in Uma

Devr (supra) does not intend to penalize

employees who have rendered long years of

service fulfilling ongoing and necessary functions

of the State or its instrumentalities. The said

judgment sought to prevent backdoor entries and

illegal appointments that circumvent constitutional

requirements, However, where appointments were

not illegal but possibly "irregular," and where

employees had served continuously against the

backdrop oF sanctioned functions for a

considerable period, the need for a fair and

h umane resolution becomes paramount.

Prolonged, continuous, and unblemished service

performing tasks inherently required on a regular

basis can, over the time, transform what was

initially ad-hoc or temporary into a scenario

demanding fair regularization. In a recent

judgment of this Court in Vinod Kumar v" Union of

India5, it was held that held that procedural

formalities cannot be used to deny regularization

of service to an employee whose appointment was

termed "temporary" but has performed the same

duties as performed by the regular employee over

a considerable period in the capacity of the regular

hf of the The recu rring

l9

sli. l

wp 25080 2023

employee. The relevant paras of this judgment

have been reProduced below:

"6, The application of the judgment in Uma Devi

(supra) by the High Court does not fit squarely

*itn the' facts at hand, given the specific

circumstances under which the appellants were

employed and have continued their service' The

reliance on procedural formalities at the outset

cannot be used to perpetually deny substantlve

rights that have accrued over a considerable

p6riod through continuous service' Their

iromotion

was based on a specific notification for

vacancies and a subsequent circular, followed by a

r"tlition process involving written tests and

inierviews,'which distinguishes their case from the

aooointments through back door entry as

discussed in the case of Uma Devi (supra)'

7. The judgment in the case Uma Devi (supra)

irro oittingiished between "irregular" and "illegal"

ippoint."-nt. underscoring the importance of

considering certain appointments even if were not

made striitly in accordance with the prescribed

Rules and Procedure, cannot be said to have been

miOe ittegatty if they had followed the procedures

of regutaiappointments such as conduct of written

exaniinations or interviews as in the present

case..."

21. The High Court placecl undue emphasis on the

initiut tuO"t-of the appellants' engagements and the

oritorr.ing decision taken after their dismissal'

Courts muit look beyond the surface labels and

ionsider the realities of employment : continuous'

[.g-i"i. service, indispensable

.9.'ti"?l .

und

uOttni" of any mala fide or illegalities in thelr

ippointr"ntt. in that light, refusing regularization

iiilprv because their original terms

.

did not

e*piicitly state so, or because an outsourcing

;;i;t *;t belatedlv introduced, would be contrarv

to principles of fairness and equity'

20

It cateqoricallveld ttemplovees in

irrular aoolntmenwho wre enoaoed in

dulsanction edposts andhad served

contin uousv forore thantenvears shuld

beconsideredfor reqularizatton as ane-

time measure. However, thelaudable intent of

SN, J

wp 25080 2023

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.

the judgment is being subverted when institutions

rely on its dicta to indiscrim inately 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

appropriateThi ectv n rt

he mnstrrnd s

wDOnrzrnq at aoinst eDloveewhoave

reneredindison sa bleservrcesover

decdes.

L2. This Court opines that the order impugned vide

Rc.No. Al1A2/2017, dated 27.O6.2OL9 passed by the Asst.

Commissioner, Endowments Department, Khammam is

without application of mind, in clear violation of principles

of natural justice, since admittedly as borne on record

petitioner was not provided with a reasonable opportunity

2t

SN. J

.p_25080_2021

prior to issuance of the order impugned dated 27'O6'2Otg

by the Assistant Commissioner Endowments DePartment,

Khammam. The order impugned dated 27'O6'2OL9 is

totally contrary to their own record and Note File vide

Rc.No.2736/A/DDAE/KMVll2OL7, dt: O1'04'2017, which

clearty recommended petitioners case for appointment to

regular Office subordinate Post, keeping in view of the

lengthy service rendered by the petitioner as an

outsourcing employee in endowment Department

Khammam, since 1991 onwards.

13.Takio into consideraonr-

(a) The aforesaid facts and circumstances of the

case.

(b) The submissions made by the learned counsel

appearing on behalf of the petitioner and learned

Government Pleader for Services-I and learned Assistant

Government Pleader for Finance and Planning, appearing

on behalf of the resPondents.

(c) The order imPugned vide Proc'

Rc.No.A/782 /2Ot7 dated 27'O6'2Ot9 issued by the

22

SN. J

wp_25080 2023

Assistant Commissioner, Endowments Department,

Khammam (referred to and extracted above).

(d) Note File vide Rc.No.2736/ AlDDAE/KMM/2OL7,

dated O1.04.2017 of the District Collector, Khammam

(referred to and extracted above).

(e) The proceedings of the Assistant Commissioner

Endowments Department, Khammam vide

Proc.No.A/782/2OL7, dated 31.07.2017 addressed to the

petitioner (referred to and extracted above).

(f) In the light of discussion and conclusion as

arrived at as above from para Nos.7 to 12 of the present

order.

The Writ Petition is allowed. The order impugned

vide Rc.No. AltAZ/ZOL7, dated 27.06.201-9 passed by the

Asst. Commissioner, Endowments Department, Khammam

is set aside. The respondent No.6 is directed to forthwith

re-consider the request of the petitioner for regularization

of services of the petitioner with all consequentiat

benefits dury taking into consideration the observataons in

the Judgment referred to and extracted above and the

clear proceedings issued in favour of the petitioner dated

To,

23

S\J

p 250E0 2023

OL.O4.2OL7 of the District Coltector, Khammam referred to

and extracted above and Note Approval of the District

Coltector, Khammam dated t3'O7 '2017

in

Rc.No.2736lA/DDAE/KMM/2OL7, referred to in the

proceedings NON7A2/2017, dated 3L'O7'2OL7 of the

Assistant Commissioner, Endowments Department,

Khammam District, and pass appropriate orders in

accordance to !aw, in conformity with principles of natural

justice by providing an opportunity of personal hearing to

the petitioner duly taking into consideration the relevant

documents in support of the claim of the petitioner

seeking regularization of services within a period of four

(4) weeks from the date of receipt of a 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.

SD/. A.H.S. GOWRI SHANKAR

SISTANT REGIST

//TRUE COPY//

SECTION OFFICER

The Principal Secretary, Revenue Department'

S riat Buildings, State of

Telengana, HYderabad'

2. The Principal Secretary' Finance Department' Secretariat Buildings' State of

Telengana, HYderabad'

3. Commissioner of Endowments' Telangana' Tilak Road' Boggulakunta'

Hyderabad.

4. District Collector, Khammam District' Khammam'

1

a@'t

5. Deputy Commissioner

of Endowments

Warangal, Warangal District.6. Assistant Commissione

Khammam - 507 31&

_r of Endowments,

lntegrated Distrjct Offices Complex,

7 District Treasury Officer, Khammam,

Khammam District.

8. Assistant Treasury Officer, O/o District Treasurr,

^nlrrm

9. The Chairm an Zilla Saksharatha

Samithi Khammam,

'10.

One CC to SRt KIRTHt TEJA KONDAVE eff, nOr"".t"

tOpUCl

" Iy;":"?:J:oTrfo*

sERVT.ES

- r, Hish ;";;;-, the state or reransana,

at

12.Two CCs to Gp FOR Ft

r"rr";;;, rr;rJ"HJJ?6,HE

AND PLANNTNG,

High court ror the state or

13. Two CD Copies

PVL

&

HIGH COURT

DATED: 0810112026

ORDER

WP.No.25080 of 2023

ALLOWING THE WRIT PETITION

WITHOUT COSTS

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