IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.10416 of 2007 LAL BAHADUR PRASAD Versus BIHAR SANCHAR NIGAM LTD.& ORS ----------- For the Petitioner : Mr. Sujeet Kumar Verma, Mr. Subhsash Pandey. For the Respondent : Mr. J.K. Karn. 2/ 25.09.2008 Heard learned counsel for the petitioner and learned counsel for the Bharat Sanchar Nigar Limited. The relief sought is for quashing of Annexure-6 dated 23.01.2003 rejecting the claim of the petitioner working on muster role for grant of temporary status in accordance with Rules of the Nigam. The writ application has to succeed on the very short point raised by the petitioner to demonstrate complete non-consideration of his case in law. The submission is that the impugned order is dated 23.01.2003. It states that the petitioner was asked on 7.3.2003 to produce documents in support of his claim which he failed to do. If the order had been passed in January, 2003, there was no justification for calling the petitioner on 7.03.2003. This Court is satisfied that the order dated 23.01.2003 is completely vitiated in law and is not sustainable. It is, accordingly, set aside. The matter is remanded to respondent no.4 2 to take a fresh decision on the claim of the petitioner for temporary status in accordance with rules, after grant of adequate opportunity to the petitioner and pass a reasoned and speaking order thereupon in the event that an order prejudicial to the petitioner is proposed to be passed, within a maximum period of two months from the date of receipt of this order. The application is disposed off. S.B.P. (Navin Sinha, J.)