The High Court of Telangana passed a judgment on 10 April 2023 stating that t a temporary, contractual, casual or a daily-wage employee does not have a legal right to be made permanent unless he had been appointed in terms of the relevant rules or in adherence of Articles 14 and 16 of the Constitution.It was stated in the case of Bandaru Rambabu Reddy and The State of Telangana(WRIT PETITION No.7393 OF 2015 ) which was passed by the single judge bench comprising of HONOURABLE JUSTICE N.V. SHRAVAN KUMAR
FACTS OF THE CASE:
The petitioner was appointed by the respondents as Record/Library Assistant on 01.08.1993 in an aided vacancy and since then he has been discharging his duties continuously without any break to the utmost satisfaction of the Organisation. It is submitted that at the time of his appointment he was given appointment letter but he lost the same and though he asked for a copy of the same they have never given it to him but the 3rd respondent has given experience certificate showing the joining particulars as and when he asked. Thereafter, he was brought under the provident fund scheme by the respondents since 1995-96, which can be seen in annual reports and circular dated 04.02.2000. His P.F. account number is AP/7862/30, A.V. College and since then employee and employer’s share have been deposited into his said PF account without any interruption. It is further submitted that he has been working with consolidated monthly salary of Rs.500/- and his gross salary as on 31.01.2015 is Rs.9,950/- and net salary is Rs.8,622/- per month. It is also submitted that he is the only bread winner in the family. Since his joining in service, at least 30 employees who were under aid have gone retired and he was appointed in one of such aided vacancy only and therefore, he has rightly acquired legitimate expectation to have his services regularised with effect from his date of joining i.e. 01.08.1993. Moreover, his appointment as well as his continuation in the 3rd respondent college has been within the knowledge of the 1st and 2nd respondents. It is also submitted that there are 50 aided non-teaching posts in the 3rd respondent college and hence he is under the impression that he would be getting the aided salary and associated benefits but it is not done till now.
JUDGEMENT OF THE CASE
The Court was of the opinion that the respondent has to furnish information of the petitioner’s eligibility for regularisation of his services and pursue the case of the petitioner as required for its consideration with the respondents No.1 and 2 and obtain necessary orders from the respondents No.1 and 2. The above exercise shall be completed by the 3rd respondent within a period of two months, from the date of receipt of a copy of this order and thereafter, the respondents No.1 and 2, shall consider the case of the petitioner based on the information of the petitioner furnished by the 3rd respondent and in terms of the judgments referred pass appropriate orders, in accordance with law, within a period of three months, if the petitioner is otherwise eligible for the aided post.
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JUDGEMENT REVIEWED BY ROSHNI SABU, KERALA LAW ACADEMY LAW COLLEGE.
