IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD THURSDAY, THE EIGHT DAY OF NOVEMBER TWO THOUSAND AND TEN PRESENT THE HON'BLE MR JUSTICE GHULAM MOHAMMED & THE HON'BLE MR JUSTICE P.SWAROOP REDDY WP NO.26716 OF 2010 Between: 1. The Vice-Chairman, Central Board of Excise & Customs, North Block, New Delhi and others ..... Petitioners AND B. Muralidhar Rao, S/o.B. Raju & others .....Respondents THE HON'BLE SRI JUSTICE GHULAM MOHAMMED & THE HON'BLE SRI JUSTICE P. SWAROOP REDDY WP No.26716 of 2010 ORDER: ( per Hon’ble Sri Justice Ghulam Mohammed ) This writ petition is directed against the order made in OA No.97 of 2009, dated 5-04-2010 on the file of Central Administrative Tribunal, Hyderabad Bench, Hyderabad. The respondents in the said OA are the petitioners herein. 2. It is stated that the applicants-respondents herein were appointed as contingent workers/casual labourers on even dates and continued as such till December, 2004. The applicants- respondents herein filed OA No.203 of 2003 before the Tribunal questioning their disengagement from service as illegal and arbitrary and for a consequential direction to continue them and pay salaries directly to them and also for a further direction to regularize their services as and when vacancies arise. By order dated 21-7-2004, the Tribunal disposed of the OA No.203 of 2003 by observing thus:- “Since the applicants have been engaged by the respondents and they have been working for years together and are being paid by the respondents, respondents shall not disengage the applicants till such time the work is available and they shall also not be replaced by any freshers. However, if the applicants do not attend to their duties, the respondents are at liberty to terminate their services. Respondents shall not direct the applicants to get a contractor for payment of wages/salaries. In so far as regularization of the services of the applicants is concerned, the question of regularization of their services does not arise at the moment and in future if such scheme is introduced, the applicants shall make a representation to the respondents to consider their case for grant of temporary status and regularization and the respondents shall consider such representation, if it is made by the applicants.” 3. Pursuant to the said directions, the respondents herein made representation to the Guntur Commissionerate on 28-4- 2008 for regularization of their services in terms of the instructions issued by the Central Board of Excise and Customs, New Delhi. But the 3rd respondent by letter dated 5-6-2008 informed them that they do not fall under instructions issued by the Central Board of Excise, dated 31-1-2008. Aggrieved by the same, the respondents herein filed the present OA to grant temporary status to them as has been granted to other similarly placed persons consequent to the judgment of the Tribunal in OA No.1328 of 2001, dated 25-10-2002. By the impugned order, the Tribunal directed the petitioners herein to grant temporary status to the respondents herein as has been granted to the applicants in OA No.1328 of 2001. 4. Heard the learned Asst. Solicitor General of India appearing for the petitioners and the learned counsel for the respondents. Perused the impugned order passed by the Tribunal. 5. It is stated that the respondents-applicants have been working for the last several years and some of the applicants have completed more than 15 years of service as casual workers. As it is stated that similarly placed persons were granted temporary status of appointment, we do not find any illegality or irregularity in the order passed by the Tribunal requiring the petitioners herein to grant temporary status to the applicants-respondents herein. A similar writ petition being WP No.26967 of 1999 filed by the department was dismissed by this Court confirming the order passed by the Tribunal to grant temporary status to the applicants therein. 6. In the circumstances, the writ petition fails and it is accordingly dismissed. No costs. __________________________ Ghulam Mohammed, J _______________________ P. Swaroop Reddy, J Dated: 8-11-2010 Nrg. THE HON'BLE SRI JUSTICE GHULAM MOHAMMED & THE HON'BLE SRI JUSTICE P. SWAROOP REDDY WP No.26716 of 2010 Order ( per Hon’ble Sri Justice Ghulam Mohammed ) 8-11-2010