IN THE HIGH COURT OF UTTARAKHAND AT NAINITAL Special Appeal No. 37 of 2007 Union of India and others …..…… Appellants Versus Umesh Chandra Tewari ……… Respondent Coram:- Hon’ble J.S. Khehar, C.J. Hon’ble Sudhanshu Dhulia, J. Present: Mr. Arvind Vashisth, Advocate for the appellants. Mr. K.C. Tewari, Advocate for respondent. Date of Decision: 15.03.2010 J.S. Khehar, C.J. (Oral) Learned counsel for the appellants has invited the Court’s attention to the operative part of the order passed by the learned Single Judge, while disposing of Writ Petition (S/S) No.277 of 2006. The same is being extracted hereunder:- “In view of above, a writ of mandamus is issued directing the respondents to decide the representations of the petitioner and give him status of temporary Mazdoor in accordance with the Casual Labourers (Grant of Temporary status and Regularisation) Scheme of the Department of Telecommunication, 1989.” 2. Learned counsel for the appellants states, that having directed the appellants to consider the representation of the respondent, it was not open to the learned Single Judge to further direct that he be given the “. . . status of temporary Mazdoor in accordance with the Casual Labourers (Grant of Temporary status and Regularisation) Scheme . . .” 3. Learned counsel for the respondent states, that he has no objection, if the direction recorded in the order dated 04.03.2006 passed by the learned Single Judge, while disposing of Writ Petition (S/S) No. 277 of 2006 is excluded therefrom. 4. In view of the above, the instant special appeal is allowed to the limited extent that the direction issued by the learned Single Judge to 2 the effect that the respondent be given the “. . . status of temporary Mazdoor in accordance with the Casual Labourers (Grant of Temporary status and Regularisation) Scheme . . .” shall be deemed to be deleted from the order passed by the learned Single Judge. 5. In case, the respondent desires to file a supplementary representation in furtherance of the directions issued by the learned Single Judge on 04.03.2006, he shall be entitled to do so within one month from today. While submitting the aforesaid supplementary representation (if any), it shall be imperative for respondent to enclose a certified copy of the instant order. 6. The instant special appeal is disposed of in the aforesaid terms. (Sudhanshu Dhulia, J.) (J.S. Khehar, C.J.) 15.03.2010 P. Singh