LAWS(CAL)-2021-8-78

ABDUL AZAD Vs. ABDUL AZAD

Decided On August 31, 2021
Abdul Azad Appellant
V/S
Abdul Azad Respondents

JUDGEMENT

(1.) This writ petition has arisen out of an order dated August 2, 2019 passed by the West Bengal Administrative Tribunal in Original Application No. 766 of 2016 in which the writ petitioner had prayed for regularisation of his services.

(2.) The writ petitioner claims himself to be a landless, physically handicapped and very poor person. He belongs to below poverty line. The admitted facts are that he was engaged as water carrier-cum-sweeper on daily rate basis since 1990 in the office of the Deputy Director, Animal Resources Development and Parishad Officer, Purulia. Earlier he had approached the tribunal in the year 2013 for appropriate remuneration as per the relevant Government Circular, since in spite of representation being made his case was not considered by the Government. On December 13, 2013, the earlier application being Original Application No. 1143 of 2013 was disposed of by the tribunal directing the Deputy Director, Department of Animal Resources Development, Purulia, to consider whether the petitioner would be governed by the latest circular of the Finance Department with regard to remuneration payable to part time contingent menial and to decide the matter within a period of two months from the date of communication of such order. The tribunal further directed that in the event the petitioner found eligible, he should be paid in accordance with the circular.

(3.) The said order, however, was not immediately implemented and ultimately in a contempt proceeding an order was passed on August 25, 2015 wherein it was recorded that the order of the tribunal had been complied with and he has been paid Rs.23,760.00, after revision of his remuneration, in terms of the Government Order dated June 6, 2015. In the order dated June 6, 2015, it was recorded that the petitioner is a part time sweeper at the Block Animal Health Centre, Manbazar-I at Chepua, Purulia, and that considering the nature and time involvement of the service rendered by the petitioner, he would be entitled to monthly remuneration at the rate of Rs.500.00 per month.