Common order dismissing three connected writ petitions filed by the Union of India challenging the Tribunal's direction to confer temporary status on government employees, holding them utterly misconceived.
Writ petitions dismissed as misconceived; interim orders vacated.
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THE HON’BLE SRI JUSTI CE SANJAY KUMAR AND THE HON’BLE SRI JUSTI CE M.GANGA RAO
WRI T PETI TI ON Nos.16798, 22160 & 26048 of 2014; and 3209 of 2017
COMMON ORDER : (per Hon’ble Sri Justice Sanjay Kumar)
These writ petitions stand on par with W.P.No.9590 of 2013 which was dismissed by this Court vide order dated 12.09.2018. Be it noted that the only direction granted by the Tribunal in the O.As., which was the cause for grievance in these writ petitions, was to confer temporary status upon the applicants in the said O.As. from the dates they became eligible for grant of such temporary status.
Sri M.V.Krishna Mohan, learned counsel for the respondentsapplicants, would bring it to the notice of the Court that there were three categories of employees who were entitled to be conferred temporary status - those who came under the ambit of the Circular issued by the authorities in the year 1993; those who were covered by the direction of the Supreme Court in SECRETARY, STATE OF KARNATAKA V/ s. UMADEVI1 in terms of having completed ten years of service by the date of the said judgment without the protection of any court orders; and those who came into service only after the year 1996 and did not come within the ambit of the second category. Learned counsel would further state that by virtue of the interim suspension granted by this Court, the entire process of conferring temporary status came to a grinding halt.
As observed in the order dated 12.09.2018 passed in W.P.No.9590 of 2013, we are at a loss to understand as to why the Union of India and its officials chose to file these writ petitions when it was for them to act upon the directions of the Tribunal and grant relief only when the
1 (2006) 4 SCC 1
2
requirements were duly satisfied. The writ petitions, in their very inception, were therefore utterly misconceived and are accordingly dismissed.
We leave it open to the respondents in these writ petitions to make suitable representations to the authorities concerned citing as to how they would come within one of the aforestated three categories and how they would be entitled to conferment of temporary status. The authorities shall thereupon take appropriate action as directed by the Tribunal.
Interim orders granted in these cases shall stand vacated. Pending miscellaneous petitions, if any, shall also stand dismissed. No order as to
costs.
SANJAY KUMAR,J
M. GANGA RAO, J
Date: 28.11.2018
IBL
1 issue framed by the court
Whether the writ petitions filed by the Union of India challenging the grant of temporary status to government employees are maintainable and deserve adjudication.
Sanjay Kumar
M. Ganga Rao
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
