Dinesh Kumar vs Union Of India

The  applicants  are  aggrieved  against  the  order  dated 25. 04.2017 (Annexure A-1) whereby they were directed to again appear for audition and re-screening test.

After exchange of pleadings, the matter is taken up for hearing today.

Learned counsel for the respondents apprised this Court that the case of regularization of the persons like the applicants is pending before the Hon'ble Supreme Court, in an SLP titled Prasar Bharti Vs. Shafeeq Ahmed (I.A./92636/2018 & I.A./92638/2018 in case diary No. 22646/2018), filed against the judgment passed by the Hon'ble Kerala High Court. Thus, a plea has been raised by the respondents that if they succeed in the SLP then the impugned order will prevail. Therefore, it is prayed that the matter may be disposed of with liberty to the applicants to move an application for revival of the O.A., if need arises, after the decision of the Hon'ble Apex Court in the indicated case.

Learned counsel for the applicants submitted that since the applicants are protected by this Court while directing the respondents to maintain status quo vide order dated 12.09.2017, the operation of that order may be extended till the decision of the SLP aforementioned by the Hon'ble Supreme Court.

In view of the fact that the issue of regularization of identically placed persons, working in different circles, is pending consideration before the Hon'ble Supreme Court, we deem it appropriate, as suggested by the respondents, to dispose of this O.A., with liberty that the either party may get it revived after the decision of the Hon'ble Supreme Court, if need so arises. Ordered accordingly.

Considering that this Court ordered status quo qua the applicants, vide order dated 12.09.2017, it is directed that the protection granted vide this order shall continue till the decision of the indicated SLP by the Hon'ble Supreme Court.

The O.A. stands disposed of in the above terms.