IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.5091 of 2005 BISUNDEO PRASAD Versus THE UNION OF INDIA & ORS For the petitioner: M/S Sanjay Kr.Verma,Subhash Pandey,Advocates. For the B.S.N.L. : Mr. A.N.Khan, Advocate. ----------- 5. 14.5.2008. Heard learned counsel for the petitioner and the counsel for the B.S.N.L. 2. Petitioner has challenged the order dated 12.12.2002, Annexure-12 whereunder his claim for grant of temporary status in the light of the circular of the Department of Telecom dated 12.2.1999 has been rejected as according to the Principal General Manager who passed the aforesaid order petitioner does not fulfil the requirements for grant of temporary status as he has not completed 240 days in a calendar year after being enrolled on 1.8.1998, which finding of the Principal General Manager is being disputed by the learned counsel for the petitioner with reference to the report of the Divisional Engineer, Telecom, Nalanda dated 14.8.2002, Annexure-11 wherefrom it appears that petitioner is on the rolls of the B.S.N.L. with effect from 1.11.1992 that is prior to 1.8.1998 and has completed more than 240 days not only in one calendar year but in several years and is 2 also serving presently. It is thus obvious that the findings recorded in the order of the Principal General Manager dated 12.12.2002, Annexure-12 is not factually correct. 3. Accordingly the said order dated 12.12.2002, Annedxure-12 is set aside with direction to the General Manager to consider the claim of the petitioner for grant of temporary status in the light of circular of the Department of Telecom dated 12.2.1999, as also report of the Divisional Engineer, Telecom, Nalanda dated 14.8.2002, Annexure-11 as early as possible, in any case, within a period of two months from the date of receipt/production of a copy of this order. 4. This writ application is, accordingly disposed of. Rajesh/ ( V. N. Sinha, J.)