IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) MONDAY, THE FOURTH DAY OF AUGUST TWO THOUSAND AND EIGHT PRESENT THE HON'BLE MR JUSTICE GHULAM MOHAMMED and THE HON'BLE MR JUSTICE C.V.RAMULU WRIT PETITION NO : 26967 of 1999 Between: 1 Chief Commissioner ,Central Excise Customs, Bashirbagh, Hyderabad 2 The Asst. Commissioner of Central Excise ,Division-III , Nampally Raod, Hyderabad 3 Union of India Govt. of India rep. by Secretary , Ministry of Finance, New Delhi ..... PETITIONER(S) AND B.Ravi Kumar son of Lakshmana Rao o/o The Asst. Commissioner of Central Excise,Hyderabab- III Division ,Nampally Road , Hyderabad .....RESPONDENT 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 a direction , order or writ, more particularly one in the nature of writ of Certiorari calling for records in OA.No. 1091 of 1998 on the ﬁle of the Central Administrative Tribunal, Hyderabad Bench and Quash the order dt. 8/10/1998 in the said OA. and pass appropriate orders. Counsel for the Petitioners: MR.A.RAJASHEKAR REDDY (ASST SOLICITOR GEN) Counsel for the Respondent : MR.M.V.KRISHNA MOHAN The Court made the following : ORDER:: THE HON’BLE SRI JUSTICE GHULAM MOHAMMED & THE HON’BLE SRI JUSTICE C.V. RAMULU WRIT PETITION No.26967 of 1999 ORDER: ( per Hon’ble Sri Justice C.V. Ramulu ) This writ petition is directed against the order made in OA No.1091 of 1998, dated 8-10-1998 on the ﬁle of Central Administrative Tribunal, Hyderabad Bench, Hyderabad. The respondents in the said OA are the petitioners herein. 2. It appears, the applicant-respondent herein was appointed as Sweeper-cum-water carrier with eﬀect from 1-9-1993 and he had put in a continuous service of more than two years. According to the applicant, the petitioners evolved a scheme to grant temporary employee status to all the casual labourers and in that regard, the Department of Personnel and Training, Ministry of Personnel, Public Grievances and Pensions, Government of India, by issuance of an Oﬃce Memorandum dated 10-9- 1993 introduced “Casual Labourers (Grant of Temporary Status and Regulation) Scheme of Government of India, 1993”. As per the said memo, temporary status was conferred on all the casual labourers who are in employment of departments of Government of India, except Telecom, Postal and Railways, as on 10-9-1993. As the applicant-respondent herein was not extended with the benefit under the said scheme, he has filed the above OA. 3. The Tribunal having regard to the fact that similarly placed casual labourers were given temporary status following the said memo dated 10-9-1993 and there was no reason why the same should be denied to the applicant-respondent herein, allowed the OA and directed the oﬃcials-petitioners to grant temporary status to the applicant with eﬀect from 1-9-1993 with all consequential beneﬁts. Assailing the same this writ petition is filed. 4. Heard the learned Asst. Solicitor General appearing for the petitioners and the learned counsel for the respondent. Perused the impugned order passed by the Tribunal. 5. Admittedly as on the date of issuance of the memo dated 10-9-1993, the applicant was in service as causal labourer. Though before the Tribunal it was contended that the applicant did not complete 240 days continuously, but considering the fact that similarly placed causal labourers were accorded the status of temporary employee, the Tribunal directed to accord temporary status to the applicant-respondent herein as the petitioners did not produce the relevant records. Even otherwise, the question whether the applicant completed 240 days continuously service or not, as on the date of issuance of memo dated 10-9-1993 cannot be gone into, at this length of time. In the circumstances, we are of the opinion that the Tribunal has not committed any error in allowing the OA calling for interference of this Court. The writ petition is devoid of merits and it is accordingly dismissed. No order as to costs. ______________________ Ghulam Mohammed, J ______________________ C.V. Ramulu, J Dated: 4th August, 2008 Nrg. ..... REGISTRAR // TRUE COPY // SECTION OFFICER To 1.2CCs to 2.2CD copies Form-NIC-OGS/WP{GR}