What is Section 10-A of the Telangana Act of 1994?

Section 10-A allowed the regularisation of contractual employees into government services, aiming to provide them job security.

Why did the Telangana High Court declare Section 10-A unconstitutional?

The court found Section 10-A unconstitutional as it violated public policy and was not aligned with legal provisions governing appointments.

What happens to employees already regularised under GO No. 16?

Employees who were regularised before the ruling can retain their positions and benefits despite the quashing of GO No. 16.

How does this decision affect contractual employees not yet regularised?

Non-regularised employees will continue under fixed-term contracts, lacking job security, benefits, and tenure.

What steps can the government take to address this issue?

The government can draft a new policy to address legal concerns, ensuring fair treatment and stability for affected contractual employees.

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Telangana High Court Strikes Down Section 10-A: Blow to Contractual Employees

Komal Bajpai

Author

Updated: 28-01-2025 at 7:20 AM

Telangana High Court Strikes Down Section 10-A: Blow to Contractual Employees

The Telangana High Court recently held Section 10-A of the Telangana (Regulation of Appointments to Public Services and Rationalisation of Staff Pattern and Pay Structure) Act of 1994 unconstitutional for contractual employees of Telangana. This decision has suspended Government Order (GO) No. 16, which has made provision for the contractual employees to get legally integrated into the system, thus leaving many workers jobless.

New High Court Decision on Section 10-A and GO No. 16

The Telangana High Court declared Section 10-A unconstitutional and struck down GO No. 16, stopping the regularisation of contractual employees. However, it allowed previously regularised employees to retain their positions. The following data showcase the information in detail:-

The High Court, in its judgement, found that Section 10-A of the 1994 Act is unconstitutional and against public policy.
That is why GO No. 16, which sought to rationalise contract appointments, has been quashed.
But the court said that those employees who have already been regularised would not lose their jobs.
Future appointments will not violate the law, as the lawmakers intended not to allow the regularisation of contract employees.

Effect On Contractual Workers

Contractual workers whose services were not regularised will continue as temporary employees without job security or benefits. This has left many workers uncertain about their future prospects. The following data showcase the information in detail:-

The contractual workers who were bitter to be regularised in the government are now left wondering.
Those who have not been regularised will remain employed through fixed-term contracts and no security of tenure, and perquisites like pensions and others.
This ruling has a bearing on many segments such as education, health, and different Government structures.

Public Responses to the Clerks of the Court

Government officials supported the decision as lawful, while affected employees voiced frustration and demanded reconsideration. Many contractual workers are planning protests and legal challenges against the ruling. The following data showcase the information in detail:

Mixed Responses:

As for other stakeholders, the government officials approved it as corresponding to the constitution.
Employees of affected companies displayed dissatisfaction, pointing at their future.

Protests and Demands:

The government needs to reconsider their status as employee representatives are now demanding.
Many of them have pointed at legal suits or demonstrations as a way to achieve their desired results.

Political Implications

Opposition parties criticised the judgement, viewing it as a rollback of welfare initiatives by the previous government. The decision could influence election campaigns, with unions and workers rallying against the ruling. The following data showcase the information in detail:

Workers’ parties condemned the decision and accused the ruling party of reversing some recent welfare measures adopted by the former government.
The problem can affect future elections when contract employees and unions come up in protest of the ruling.

Where Do Contract Employees Go From Here?

The state government will have to come up with a new policy that should address those legal issues. Contractual workers still look forward to solutions, loitering for an appeal or other working protection measures. For the time being, many employees continue to work without employment security and remain ambiguous regarding their employment status.

Conclusion

Thus, the judgement of the High Court of Telangana has cast a lot of uncertainty about the future for thousands of contractual employees. Even though the decision focuses on legal aspects, it is followed by the consideration of measures that ensure that organisational policies are legal and beneficial for the employees. The state government must wake up to these issues and clarify those who have been affected.

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