IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) MONDAY, THE SEVENTH DAY OF FEBRUARY TWO THOUSAND AND FIVE PRESENT THE HON'BLE MR JUSTICE K.C. BHANU WRIT PETITION NO : 17518 of 2004 Between: Sri. D. Ramesh Kumar, S/o. B. Muniratnam, O/o. Sub Divisional Officer (Telecom), Piler, Chittoor District. ..... PETITIONER AND 1 The Senior Deputy Director General, BSNL Corporate Office, Statesman House, New Delhi. 2 The Chief General Manager, Telecom, A.P. Circle, Hyderabad. 3 The General Manager, Telecom, Tirupathi, Chittoor District. 4 The Divisional Engineer (Maintenance) Telecom, Madanapalle, Chittoor District. 5 The Sub Divisional Officer, Telecom, Piler, Chittoor District. .....RESPONDENTS Petition under Article 226 of the constitution of India praying that in the circumstances stated in the Affidavit filed herein the High Court will be pleased to issue an order, direction or a Writ more particularly in the nature of Writ of Mandamus by declaring the inaction of the respondents in conferring the temporary status after converting the Petitioner into full time casual labourer and further regular absorption as Group D in the BSNL Department at Piler by holding the same as arbitrary, discriminatory, without application of mind to the records and illegal being violative of Article 14, 16 & 21 of the Constitution of India and consequently direct the respondents to extend the benefit of temporary status of a Group D after converting the petitioner into full time casual laborer as the Petitioner is fully eligible for the same as per the extant circulars in force that regard with all consequential benefits. Counsel for the Petitioner: MR.KRISHNA DEVAN Counsel for the Respondents: MR.C.YADAGIRI The Court made the following : ORAL ORDER: This writ petition is filed seeking a Mandamus to declare the action of the respondents in not conferring temporary status on the petitioner after converting him into full time casual labourer and further regular absorption as Group D as arbitrary and illegal. Heard the learned counsel for both the parties and perused the material available on record. During the pendency of the writ petition, the petitioner was converted from a part time casual labourer into a full time casual labourer with effect from 21.12.2004. Depending upon the availability of vacancies, temporary status has to be conferred in accordance with the Rules and instructions of the Circular, dated 29.9.2000. Therefore, it is for the respondents to take appropriate decision whether to confer temporary status of Mazdoors as per the Rules and Circular instructions governing the service conditions and also depending upon the vacancy position. Hence, the writ petition is disposed of with a direction to the respondents to consider the case of the petitioner for granting temporary status depending upon the vacancies as and when they arise. In the circumstances of the case, there shall be no order as to costs. _______________ (K.C. BHANU, J.) 7th February, 2005. bcj To 1 The Senior Deputy Director General, BSNL Corporate Office, Statesman House, New Delhi. 2 The Chief General Manager, Telecom, A.P. Circle, Hyderabad. 3 The General Manager, Telecom, Tirupathi, Chittoor District. 4 The Divisional Engineer (Maintenance) Telecom, Madanapalle, Chittoor District. 5 The Sub Divisional Officer, Telecom, Piler, Chittoor District. 6 Two C.D. copies