DEBANANDA ROY Vs. STATE OF W.B.

JUDGEMENT

(1.) . - Heard the learned Advocates. In the writ application the petitioner has prayer for absorption in the post of typist-cum-clerk in the college in question on the ground that before pre-recognition of the college the petitioner was in service. But his service was illegally terminated with effect from 1st Jan., 2000 by the decision of the Governing Body of the College. The petitioner has challenged the order of termination as well as prayed for absorption in the post in question. Affidavit-in-opposition has been filed by the College Authority. From the said opposition it appears that there is no denial about taking service of the petitioner from the pre- recognition stage of the college and even after post recognition of the College. Further it appears from the Annexure 'A' of the writ application that the Principal of the said College included the name of the petitioner as a casual employee in the post of clerk-cum-typist. The college got the recognition with effect from the academic sessions 1996-97 in terms of the Memo No. 766- Edn. (CJ) dated 11th Sept., 1996. In terms of the recognition letter it appears that the clerk-cum-typist post was a sanctioned post under the category of non-teaching staff, but a rider was made that appointment of non-teaching staff would be in pursuance of the Memo No. 830-Edn. (Cs) dated 31st Oct., 1995 which provides, inter alia, that the candidates must be sponsored from the Employment Exchange.

(2.) It is submitted by both the learned Advocates and agreed that the recruitment of non-teaching staff is controlled and guided in terms of the procedure which is to be formulated by the Governing Body of the college. There is no such statutory rule providing guideline for such appointment, save and except that the candidates must be sponsored from the Employment Exchange. It is an admitted position that as yet the sanctioned post has not been filled up, which was so long occupied by the petitioner. From the Annexure 'A' of the writ application signed by the Principal of the college it appears that the petitioner was working in the post of clerk-cum-typist. Since there was no circular letter by which petitioner's service could be absorbed, this Court is helpless to pass any order in favour of the petitioner, in view of the settled judgment of the Apex Court whereby and whereunder it is settled that without any Government order and circulars providing benefit of absorption, status of the employee cannot be elevated from casual/temporary/ad-hoc to permanent. Reliance may be placed to the judgment passed in the case of State of M.P. Vs. Dharamvir reported in (1998) 6 SCC 165. It is held by the Apex Court that elevation of the status in employment that is from temporary/ casual to permanent status, some sort of Government Circulars or orders would be necessary. However, in the instant case, there is no circular letter from the Education Department, Government of West Bengal providing such benefit to non-teaching staff of a college, who was appointed admittedly as casual employee. The learned Advocate for the petitioner relied upon the circular letter of the Labour Department dated 13th March, 1996, which provides, inter alia, that all the workers including the seasonal workers working in perennial type of job in any Govt. establishment would be granted with the benefit of regularisation in service on fulfilment of certain conditions as prescribed thereto. Since there is no circular letter for regularisation in respect of the non-teaching staff of a college, in my view, the Labour Department circular has no applicability. However, considering the issue that the petitioner worked so long in the college in question and there is a sanctioned post, doctrine of social justice is squarely applicable in this case, which demands that the person concerned should be allowed to appear in the interview along with other candidates for consideration on merit. In that view of the matter, the rider of the circular letter no. 830 Edn. (CS) dated 31st Oct., 1995 whereby and whereunder a condition has been imposed that only sponsored candidate to be considered, would be modified in respect of the petitioner's case is concerned in view of his long service as rendered in the college in question applying the said doctrine of social justice. The prayer for absorption of the petitioner is accordingly refused but since there is a vacant sanctioned post of typist-cum-clerk, the respondents, College Authorities are directed to fill up the said vacancy by inviting the names from the Employment Exchange wherein the present petitioner also will appear for interview along with others and due weightage to be given for service experience and past service in the college in question and age bar also to be condoned. Since the vacancy now ear-marked under the hundred point roaster for the candidates belonging to the scheduled Castes category and the petitioner belongs to the said category, appearance of petitioner in interview will not infringe reservation rule. Requisition to the Employment Exchange for sending the names of the candidates within two weeks from this date to be made. Employment Exchange will send the names of the sponsored candidates within four weeks thereafter and the selection must be completed within four months.

(3.) In the event of selection of the petitioner, he to be appointed forthwith.