IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.9182 of 2005 CHANDRA SHEKHAR PRASAD SHARMA Versus THE UNION OF INDIA & ORS ----------- 4 21.7.2008 Heard learned counsel for the parties. Vide order dated 15th November, 2002 the claim of the petitioner for conferment temporary status has been rejected. The reason given is that he has not completed 240 days in a year and subsequently even though he has completed 240 days in the years 1993-94, 1994-95 but he was not on departmental roll from 1998. Therefore he is not eligible. There is no counter affidavit filed in this case despite the writ application pending for more than three years. Petitioner has brought certain evidence on record to show that the reasoning reached by the respondents General Manager Telecom, Project, Patna is not based on record. The Court has also to observe that the scheme for conferment temporary status has been extended from time to time. One of the last of that to be of the year, 1998. The fact that the petitioner had been working prior to that date and in many of years completed 240 days and as such the requirement of the scheme has been complied in the way that his name was in the roll of daily wager. This Court therefore opines that the respondent is taking a hyper technical view stating that he was not on departmental roll in, 1998. The matter requires reconsideration. The impugned order dated 15th November, 2002 is quashed and the issue is - 2 - remitted back to respondent no.3, General Manager, Telecommunication, Project, Patna for passing an appropriate order preferably within a period of three months from the date of receipt/production of a copy of this order. This writ application is allowed. RPS (Ajay Kumar Tripathi, J.)