Calcutta High Court (Appellete Side)
Smt. Mantu Ghosh & Ors vs The Raiganj University & Ors on 18 June, 2018
Author: Arindam Sinha
Bench: Arindam Sinha
1 18.06.2018
Item no. 469 ddas WP 28730 (W) of 2017 Smt. Mantu Ghosh & Ors.
Vs. The Raiganj University & ors.
Mr. Kamalesh Bhattacharya Mr. Gautam Thakur Mr. Anandamayi Ghosh ... ... For the petitioners Mr. Washef Ali Mondal ... ...For the University Mr. Sirsanya Bandopadhyay Mr. Parikshit Goswami .... ....For the State Mr. Bhattacharya, learned advocate appears on behalf of petitioners and relies on Bimlesh & Ors. vs. New India Assurance Co. Ltd. reported in AIR 2010 SC 2591 to paragraphs 6 and 7 therein to submit, taking the judgment in Secy. State of Karnataka vs. Uma Devi [(2006) 4 SCC1] and M. L. Kesari (supra) the position is an embargo on State or its instrumentalities to give casual employment where there is sanctioned post. True it may be that 9 out of 11 petitioners did not have 10 years of service without interference of Court as on 10th April, 2006 but upon the declaration of law regarding there being no regularization in the context of casual employment against sanctioned posts, the University also could not 2 have appointed 9 petitioners subsequent to Uma Devi (supra). He reiterates appointments could not be made on casual basis after Uma Devi (supra). The situation that arises on University having had acted contrary to direction in Uma Devi (supra) is not covered by Uma Devi (supra) or M. L. Kesari (supra) to deny his clients' claim for regularization.
Mr. Mondal, learned advocate appearing on behalf of University submits, he will obtain instructions regarding number of posts created and make submissions apropos direction made in order dated 12th February, 2018, on adjourned date.
List on 27th June, 2018 for Mr. Mondal, to be heard.
(Arindam Sinha, J.)