Telangana High Court Strikes Down GO 16: Landmark Ruling on Contract Employee Regularisation

Telangana High Court Quashes Government Order on Contract Employees

The Telangana High Court annulled Government Order (GO) 16, enacted in 2016, which aimed to regularize contract employees. The ruling directs the state government to fill vacant posts through a lawful and transparent recruitment process. The court stated that regularization of contractual employees is not a valid method to address these vacancies.

This order came shortly before elections and favored many contract employees, primarily in the medical and education sectors. The High Court labeled the regularization as unconstitutional and contrary to public policy. It emphasized that future government recruitment must comply with established procedures, including public notifications and reservation policies. The court cautioned against any attempts to bypass these requirements.

The division bench, consisting of Justice Sujoy Paul and Justice Namavarapu Rajeshwar Rao, invalidated the addition of Section 10-A to the Telangana Act of 1994, which supported the government’s push for regularization. The judges ruled that this insertion was not in line with the principles governing public service recruitment.

Although the court struck down Section 10-A, it opted not to terminate the services of 5,544 contractual employees whose appointments had been regularized under a different order in 2023. The bench recognized the employees’ long service since 2009 and found that dismissal would be unjust.

The judgment followed petitions from unemployed individuals, including graduates who argued that the posts should have been filled through open recruitment. They claimed that GO 16 prevented them from competing for jobs and violated their right to equal opportunities. The court criticized the previous government’s approach as an opaque exercise of power that did not respect fair recruitment laws.

The court confirmed that the inclusion of Section 10-A was invalid as it improperly attempted to override existing laws.

Reactions to the Ruling

Dr. B. Rajeshkhanna, from the Telangana All Universities Contract Teachers Association, welcomed the court’s decision. He sees this as a chance to regularize the 1,445 university contract faculty excluded from prior efforts due to their institutions’ autonomous nature. He urged the government for prompt action from new Vice Chancellors and governing bodies to resolve this issue.

Supriya Gopa, a healthcare worker on contract, expressed concern that the ruling could delay job opportunities for many unemployed youth. She emphasized the need for a balance between recognizing long-serving contract workers and creating new job opportunities for those waiting.