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High Court for State of TelanganaWP/17825/2014disposed of no costs

The Union Of India, v. Shri L. Srinivas,

2018-09-12Sanjay Kumar,M.Ganga Rao2 pages

THE HON'BLE SRI JUSTI CE SANJAY KUMAR AND THE HON'BLE SRI JUSTI CE M.GANGA RAO WRI T PETI TI ON NO.17825 OF 2014

O R D E R

(Per Hon'ble Sri Justice Sanjay Kumar) The Union of India and its officials in the Customs and Central Excise Department filed this writ petition aggrieved by the order dated 25.02.2014 passed by the Central Administrative Tribunal, Hyderabad Bench, Hyderabad (hereinafter, 'the Tribunal'), in O.A.No.1304 of 2012. The said O.A. was filed by the first respondent herein assailing the action of the authorities in not granting him temporary status and regularising his services thereafter. By the order under challenge, the Tribunal disposed of the O.A. with a direction to the authorities to confer temporary status upon the first respondentapplicant from the date he became eligible for such grant of temporary status.

By order dated 01.07.2014, this Court granted interim suspension of the order under challenge.

We are at a loss to understand as to why the Union of India and its officials chose to file this writ petition when the Tribunal did not even decide any issue on merits. All that the Tribunal directed was that the first respondent-applicant should be granted temporary status as and when he became eligible to seek such status. It appears that writ petitions are filed against the orders of the Tribunal unmindful of the import and consequences thereof. When the authorities themselves have put in place a system whereby temporary status would be granted to the employee concerned upon his fulfilling certain conditions, they can have no grievance with regard to the direction to grant such status upon compliance with those requirements.

The writ petition is therefore utterly misconceived and is accordingly dismissed. Interim order dated 01.07.2014 shall stand vacated. Pending miscellaneous petitions shall also stand dismissed. No order as to costs. ____________________ SANJAY KUMAR, J ____________________ M. GANGA RAO, J 12th SEPTEMBER, 2018 Svv