WP/20913/2004 of The Chief General Manager, Vs M. Nagasayanababu, on 29 December 2004

IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD

(Special Original Jurisdiction)

WEDNESDAY, THE TWENTY NINTH DAY OF DECEMBERTWO THOUSAND AND FOUR

PRESENT

THE HON'BLE MR JUSTICE G. BIKSHAPATHY

and THE HON'BLE MR JUSTICE P.S.NARAYANA

WRIT PETITION NO : 20913 of 2004

Between:

1 The Chief General Manager, Telecom, BSNL, A.P., Hyderabad.

2 The General Manager, BSNL , Telecom District, Tirupathi.

3 The Divisional Engineer (Internal), BSNL, Telephone Exchange, Tirupathi.

4 The Deputy General Engineer, Telecom Mtce, BSNL, KT Road, Tirupathi.

5 The Sub-Divisional Engineer, BSNL E-10 B Exchange, Telephone Exchange, Tirupathi.

..... PETITIONERS.

AND

M. Nagasayanababu, S/o. M. Bhaskara Rao, Occ.Employee, 3-1/5B, Siva Jyothi Nagar, Tirupathi.

.....RESPONDENT

Petition under Article 226 of the Constitution of India praying that in thecircumstances stated in the Affidavit filed herein the High Court may be pleased inthe interest of justice to issue an appropriate writ or order or direction particularly onein the nature of Writ of Certiorari declaring the order dated 19-1-2004 in O.A.No.1546/2002 of Hon'ble Central Administrative Tribunal, Hyderabad and the contemptproceedings thereof in CP No.85/2004 in O.A.No. 1546/2002 for non compliance asbad, illegal, void and quash the same.Counsel for the Petitioner: MR.R.S.MURTHY

Counsel for the Respondent: MR. KRISHNA DEVAN.

The Court at the admission stage made the following :

ORDER: (Per Sri GB,J)

The petitioners are challenging the order dated 19-01-2004 passed by the CentralAdministrative Tribunal in O.A.No.1546 of 2002.

2. The matter relates to the termination of the services of the respondent as casualMazdoor. The Tribunal after considering the matter held that the order dated 10-10-2001 of the petitioner authorities was not sustainable and accordingly it was setaside. The respondents in the O.A. are directed to consider the claim of the applicantafresh for conferring temporary status by including his name in the list of left outemployees and in the meanwhile re-engage the applicant, if work is available inpreference to others. The Central Administrative Tribunal passed the followingorder:

“In the result, the impugned order No.GMTD/TRP/LC/OA.No.1054/01/01/2001-2002/10 dated 10-10-2001 (Annexure-I to the OA) is hereby set aside. The respondents aredirected to consider the claim of the applicant afresh for conferring temporary statusby including his name in the list of left out employees and in the meanwhile re-engage the applicant if work is available, in preference to others”

Against the said order, the present writ petition has been filed.

3. The learned counsel for the respondent submits that the Department had alreadyacted on the order of the Tribunal and issued proceedings dated 12-07-2004 statingthat the respondent has not fulfilled any of the conditions stipulated for grant ofT.S.M., and therefore, his case for grant of T.S.M. cannot be considered. It is alsostated that the case of the respondent will be considered for engaging in preferenceto freshers at appropriate time as per the directions of the Central AdministrativeTribunal, where there is work. Hence, the writ petition itself is mis-conceived and it is not open for petitioners to again challenge the order of the Tribunal. Under thesecircumstances, it is submitted that the writ petition is liable to be dismissed.

4. We have heard the learned Standing Counsel for Central Government and thelearned counsel for the respondent.

5. Inasmuch as the Department has already acted on the orders passed by theCentral Administrative Tribunal in O.A.No.1546 of 2002 and even in the said orderno relief was given to the employee himself for the reason that the respondent hasnot fulfilled the requisite conditions for grant of T.S.M. Under those circumstances,we do not find any ground to interfere with the impugned order and the writ petitionitself is not maintainable.

6. The Writ Petition is dismissed. No costs.

_________________

G.BIKSHAPATHY, J_________________P.S.NARAYANA, J

29[th] December, 2004.Chvn/TJSChvn/TJS

ASSISTANT REGISTRAR

// TRUE COPY //

To

1 The Registrar, Central Administrative Tribunal, Hyderabad.

2 The Chief General Manager, Telecom, BSNL, A.P., Hyderabad.

3 The General Manager, BSNL , Telecom District, Tirupathi.

4 The Divisional Engineer (Internal), BSNL, Telephone Exchange, Tirupathi.

5 The Deputy General Engineer, Telecom Mtce, BSNL, KT Road, Tirupathi.

6 The Sub-Divisional Engineer, BSNL E-10 B Exchange, Telephone Exchange, Tirupathi.

7 Two C.D. copies.