Calcutta High Court (Appellete Side)
Sc W. P. No. 19515 (W) Of 2013 Balai Biswas ... vs With State Of West Bengal & Ors on 23 July, 2013
Author: Dipankar Datta
Bench: Dipankar Datta
1
94+95 23.7.13
SC W. P. No. 19515 (W) OF 2013 Balai Biswas & Ors.
- vs.-
with State of West Bengal & Ors.
W. P. No. 19517 (W) OF 2013 Bimal Chandra Roy & Ors.
- vs.-
State of West Bengal & Ors.
-------------
Mr. Rabindra Nath Chakraborty Mr. S. Banerjee.
....For the Petitioners in both writ petitions.
Mr. Amitesh Banerjee Ms. Mummum Tewari.
....For the State in W.P. No. 19515 (W) of 2013 Mr. Jaladhi Das ....For the State in W.P. No. 19517 (W) of 2013 Mr. Pantu Deb Roy Mr. Subrata Guha Biswas.
......For the Transport Corporation.
W.P. No.19515 (W) of 2013 is at the instance of four petitioners whereas W.P. No.19517 (W) of 2013 is at the instance of six petitioners, having identical but independent causes of action. The writ petitions are considered together and shall stand disposed of by this common order having regard to the similar features involved therein.
All the petitioners were engaged as Driver-cum- Conductor-cum-Mechanic in the Calcutta State Transport Corporation on different dates in the year 2000. Clauses 12(a) and 12(b) of the Offer Letter for engagement, issued in favour of all the petitioners, read as follows:
"12a) On satisfactory completion of three years and 720 days duty i.e. @ 240 days duty per year for three years as daily rated Driver-
cum-Conductor your absorption in regular establishment on probation would be considered on the basis of availability of vacancy as per absorption policy of the Corporation vide the Circular No.002/354 dtd 29.9.2000 read with G.O. No.1700-EMP dtd.3.8.79.
212b) Your engagement for above job & absorption in regular establishment will be subject to Police Verification of your character and antecedents."
It is the claim of the petitioners that despite sincere and diligent service for the last 13 years, their claim for absorption in the regular establishment has not been considered. Learned advocate representing the petitioners submits that in view of the decision of the Supreme Court reported in AIR 2010 SC 2587 (State of Karnataka -vs.- M. L. Keshari & Ors.) they are entitled to be absorbed in the regular establishment, having worked for more than ten years.
Mr. Deb Roy, learned advocate appearing for the Corporation submits that the Managing Director of the Corporation may be directed to consider the requests made by the petitioners vide their representations annexed to the writ petitions, for absorption in regular service.
Having heard learned advocates for the parties, I dispose of these writ petitions with a direction upon the Managing Director to consider the desirability of absorbing the petitioners in regular services, provided there are sanctioned vacant posts of Drivers-cum-Conductors-cum- Mechanics or any other equivalent posts having regard to the fact that all of them were engaged pursuant to an interview as well as a driving test. An appropriate decision shall be taken by the Managing Director in the light of the aforesaid clauses 12(a) and 12(b) of the Offer Letter and the decision in M.L.Keshari (supra) as early as possible but not later than three months from date of receipt of a copy of this order.
In the event the prayer of the petitioners is ultimately rejected, a reasoned order shall be passed.
It is made clear that if the Managing Director holds in favour of the petitioners, follow up steps, in accordance with law, shall be taken without any delay.
3Photostat copy of this order, duly counter signed by the Assistant Court Officer shall be retained with the records of W.P. No.19517 (W) of 2013.
Urgent photostat certified copy of this order, if applied for, be furnished expeditiously.
(Dipankar Datta,J.)