The State government has power to give weightage marks in direct recruitment tests to contract employees for the service that the latter had rendered, the Telangana High Court announced.
Pronouncing judgment in a series of writ petitions, the Full Bench of the Telangana State High Court said the weightage marks, however, should not be more than 20 marks out of total 100.
If the total test marks were more than 100, the weightage marks should not be more than 20% of total marks, the High Court bench ruled.
This judgment applied to posts of State governments and power utilities companies. The verdict was announced by the Full Bench comprising Chief Justice Raghvendra Singh Chauhan and Justices A. Rajasheker Reddy and P. Naveen Rao.
Validity of Rule 31
In the case of State government service, the Full Bench upheld the constitutional validity of Rule 31 of the Telangana State and Subordinate Service Rules-1996. The power of the State government to exercise Rule 31 was legally valid, the Full Bench of the High Court declared in the judgment.
If the Service Rules did not contain provision of assigning weightage marks to contract employees in direct recruitment, it was for the employer to assign such weightage of marks.
Temporary employees were not vested with any right to insist upon extension of weightage marks for the service rendered by them, the Full Bench said.
In the case of power utilities companies, the contract employees were entitled to seek weightage marks for temporary service rendered. The employer, however, was permitted to restrict application of weightage to temporary service.