HONOURABLE SRI JUSTICE GHULAM MOHAMMED AND HON’BLE SRI JUSTICE K.G.SHANKAR WRIT PETITION No.4361 of 2005 ORDER: (Per Hon’ble Sri Justice Ghulam Mohammed) This writ petition is filed assailing the legality and validity of the order, dated 23.09.2004, passed by the Central Administrative Tribunal, Hyderabad, in O.A.No.778 of 2003, wherein the two conditions prescribed in OM.No.3/4/96, Dir.(C), dated 20.03.1997 are quashed and set aside from the text of the said memorandum by the Tribunal and it further directed the respondents to treat the applicants as government servants and regularize their services with effect from 01.10.1991 and extend all the benefits that flow from such regularization with effect from 01.10.1991 within a period of two months from the date of receipt of a copy of that order. The brief facts of the case necessary for disposal of the writ petition may be stated as hereunder: - Petitioners 1, 2 and 3 were initially appointed as Tea Maker, Assistant Cook, and Supplier, in the years 1990, 1989 and 1991 respectively, in Staff Co-Operative Canteen, Chief Post Master General Office, Dak Sadan, Hyderabad. It is the case of the petitoners that as per the judgment of the Supreme Court in M.M.R.Khan and Others V. U.O.I and others[1] the employees of Co-Operative Canteens were treated as central government employees with effect from 01.10.1991, however, the said benefit was not extended to them on the ground that the PMG’s Office Staff Co-Operative Canteen was not registered. However, subsequently, consequent to the orders of Central Administrative Tribunal, Ernakulam Bench, the Department of Personnel and Training, New Delhi issued O.M., dated 20.03.1997 extending the privileges to all canteen employees of unregistered canteens. In the light of the same, the petitioners herein made representations to the CPMG to regularize their services with effect from 01.10.1991, but, since they were not considered, they approached the Tribunal and filed the said O.A. The Tribunal upon considering the entire issue, granted the relief in favour of the petitioners. Aggrieved thereby, the unsuccessful respondents therein filed the present Writ Petition. Heard learned counsel for the petitioners and learned counsel for the respondents. It is pertinent to note that Supreme Court in M.M.R.Khan and Ors. V. Union of India and Ors[2], directed that the employees of non-departmental canteens, tiffin rooms be treated as government servants with effect from 01.10.1991. Further, the Central Administrative Tribunal, Ernakulam, in pursuance of the implementation of the said judgment of the Supreme Court, issued instructions, dated 20.03.1997, to the effect that the employees of all the canteens which were opened before 01.10.1991 but could not be registered by the cut- off date will also be declared as government employees with effect from 01.10.1991. But, the said benefit is denied to the petitioners herein on the ground that they do not fulfill the conditions mentioned in OM.No.12/5/91-Dir.(C), dated 29.01.1992. The Tribunal has took approach of said issue logically and having regard to the facts of the case, set aside the two conditions prescribed in the said OM issued by the Department of Personnel and Training and decided the said O.A. in favour of the petitioner granting the relief as stated supra. The impugned order passed by the Tribunal is a well-reasoned one and does not suffer from any illegality or infirmity warranting interference by this Court. Accordingly, the writ petition is dismissed. There shall be no order as to costs. ______________________________ JUSTICE GHULAM MOHAMMED __________________________ JUSTICE K.G.SHANKAR​ 29th June 2011 DR [1] 1990 (Supp) SCC 191 [2] 1990 (Supp)SCC 191