Hyderabad: The Hyderabad High Court has held that the services of nursing and paramedical staff in government hospitals cannot be outsourced as it would be contrary to Article 21 of the Constitution. The court ordered that the outsourcing system be abolished forthwith.
Justice A. Ramalingeswara Rao was disposing of a batch of petitions moved by persons who were appointed on contract basis through a ‘Zilla Samakhya’ in Government General Hospital, Guntur in 2000-01, challenging an order issued by the AP government terminating their services.
The judge said that the batch of cases relating to the outsourced employees in the public health sector portrays the grim picture and consequences of globalisation. The petitioners attempt to continue in employment while the government, through respondents, disengages their services at its will terming them as outsourced employees, the judge said.
The judge, after referring to various case laws of the Supreme Court and a debate going on in respect of performance of public duties by private agencies, pointed out that the state was free to secure the services through recognised methods, including contractual appointment in respect of administrative, sanitation and security services.
The judge said, “Outsourcing cannot be a method of recruitment but the state can enter into a direct contract with the employees in respect of those services. In the background of this, this court has no hesitation in holding that the practice adopted by the state of securing the services of technical staff and nursing staff for the regular hospital duties through outsourcing method is contrary to the AP (Regulation of Appointments to Public Services and Rationalisation of Staff Pattern and Pay Structure) Act, 1994.
The judge reminded that the Supreme Court clearly held that regularisation of services through backdoor method was not permissible. However, the government can take into consideration experience gained by the petitioners while making recruitment to the said posts.
The judge directed the authorities to identify the permanent sanctioned vacancies in government hospitals in the state and take steps to fill those vacancies on priority basis, within six months from the date of receipt of a copy of the order, through the regular channels of recruitment provided under A.P. State and Subordinate Service Rules.
