Regularizing Contractual Employees Appointed Against Public Policy Bad In Law: Telangana HC Declares S.10-A Of 1994 Law Ultra Vires
Live LawThe Telangana High Court has, in a case pertaining to regularization of contractual employees, declared Section 10-A of the Regulation of Appointments to Public Services and Rationalization of Staff Pattern and Pat Structure) Act, 1994 as ultra vires. Division bench of Justice Sujoy Paul and Justice Namavarapu Rajeshwar Rao stated Section 10-A is contrary to the Education Service Rules. It said, “Since Section 10-A runs contrary to Section 101 of the Reorganisation Act and statutory Education Service Rules, it cannot sustain judicial scrutiny. Thus, we have no hesitation in holding that Section 10-A is ultra vires in nature and accordingly liable to be set aside.” Court also referred to Rule 9 of the Telangana State Subordinate Service Rules, 1996 which permits the State to appoint the persons in administrative exigencies on contract basis.