Telangana High Court
WP/41120/2014 of THE UNION OF INDIA. AND 3 OTHERS Vs THE REGISTRAR C.A.T. AND ANOTHER on 31 December 2014
SRI JUSTICE K.C.BHANU AND THE HON’BLE MRS JUSTICE ANIS WRIT PETITION No.41120 OF 2014 ORDER:- (per Hon’ble Sri Justice K.C.Bhanu) This writ petition is filed seeking to issue a Writ of Certiorari calling for the records in connection with the order, dated 01.12.2014, in T.A.No.02
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THE HON'BLE SRI JUSTICE K.C.BHANUAND
THE HON’BLE MRS JUSTICE ANIS
WRIT PETITION No.41120 OF 2014
ORDER:- (per Hon’ble Sri Justice K.C.Bhanu)
This writ petition is filed seeking to issue a Writ of Certioraricalling for the records in connection with the order, dated 01.12.2014,in T.A.No.02 of 2013, which was disposed of along with T.A.No.01 of2013 and Batch on the file of the Central Administrative Tribunal,Hyderabad Bench, Hyderabad (for short, “the Tribunal”) and quash thesame, as illegal and arbitrary.
2. Initially, respondent No.2 filed W.P.No.11526 of 2006 before thisCourt and later, on jurisdictional aspects, the said writ petition wastransferred to the Tribunal and numbered as T.A.No.02 of 2013. Caseof respondent No.2 is that he was initially engaged as CasualLabourer in the Department of Telecommunications on 27.04.1991and continued in service without break by performing work, which ispermanent in nature, and he is entitled to the benefit of grantingtemporary status and regularisation to that of the casual labourersworking in the Department of Telecommunications as per the CasualLabourers (Grant of Temporary Status & Regularisation) Scheme,1987, since the Department of Telecommunications has transformedinto M/s.Bharat Sanchar Nigam Limited with effect from 01.10.2000onwards.
3. The Tribunal, upon considering the material on record, disposedof the aforementioned T.A. with a direction to the petitioners herein toextend the same benefit to respondent No.2/applicant, which wasgranted to the applicants in W.A.No.2560 of 2005 vide judgment, dated09.10.2014, if he is similarly situated. Challenging the same,Government filed the present writ petition.
4. Learned counsel for the petitioners contended that the issue inthis writ petition is not squarely covered by the judgment, dated09.10.2014, in W.A.No.2560 of 2005 and hence, she prays to set asidethe impugned order.
5. On the other hand, learned counsel for respondentNo.2/applicant stated that the relief sought for in W.P.No.11526 of2006 is to give a direction to the petitioners herein to consider the caseof the applicant for absorption as Regular Mazdoor in the existingvacancies in Ananthapur Division with all consequential benefits; thatthe department has no objection to absorb the applicant as RegularMazdoor in the existing vacancies provided respondent No.2/applicantfulfils the eligibility criteria and hence, he prays to dismiss the writpetition.
6. The prayer in W.P.No.1856 of 2005 in which W.A.No.2560 of2005 was filed is that the petitioners therein are entitled for grant oftemporary status and regularisation with all consequential benefits. Itis contended by the learned counsel for the petitioners herein that theprayer in the writ petition is entirely different to that of the prayer soughtfor in the Original Application, as admittedly, temporary status wasgranted. It is not in dispute that respondent No.2 herein was initiallyengaged as Contract Labour for six hours from 27.04.1991. He wasconverted into Full Time Casual Labour (eight hours) with effect from26.12.2002. He was granted the benefit of temporary status with effectfrom 01.01.2004. The only question is that respondent No.2 has to beabsorbed as Regular Mazdoor provided he fulfils the eligibility criteriaas per the scheme, if any, existing in the department. Therefore,appropriate decision has to be taken by the petitioners herein forabsorption of respondent No.2/applicant as Regular Majdoor in theexisting vacancies.
7. Accordingly, the Writ Petition is disposed of directing the petitioners herein to take appropriate decision for absorption forrespondent No.2/applicant as Regular Majdoor, as per his eligibilityand existing vacancies in terms of the scheme, if any, available, withina period of eight (8) weeks from the date of receipt of a copy of thisorder. There shall be no order as to costs. Miscellaneous Petitions, ifany, pending in this Writ Petition shall stand closed.
______________________
JUSTICE K.C.BHANU
_______________
JUSTICE ANIS
Date: 31.12.2014
AMD
THE HON'BLE SRI JUSTICE K.C.BHANUAND
THE HON’BLE MRS JUSTICE ANIS
WRIT PETITION No.41120 OF 2014
DATE: 31.12.2014
AMD