BRINDABAN GHOSH Vs. STATE OF WEST BENGAL

JUDGEMENT

(1.) The grievance of the writ petitioner in this writ petition is that he has been working for more than ten years in the panchayat office of Paharpur Gram Panchayat, Kalinarayanpur, Nadia. According to him, he is entitled to get benefit of the notification dated 8th October, 2003 bearing No. 359S/PN/O/I/3S-114/2003 issued by the Department of Panchayat & R.D., Government of West Bengal. Learned Counsel appearing for the writ petitioner submits that the writ petitioner has been working in the panchayat office since 1974. Therefore, he is entitled to get the benefit of the aforementioned notification dated 8th October, 2003. Learned Counsel further submits that this point has already been decided before the Hon'ble Division Bench in its judgment(Shri Adhirath Mondl vs. The State of West Bengal & Ors.,2009 1 WBLR 168 ). He led emphasis in para. 14 of the said judgment which is quoted hereunder:

(2.) According to the Counsel for the writ petitioner, as per the judgment of the said Division Bench, the writ petitioner is entitled to get benefit of the aforementioned circular and his service should be regularised when a Group 'D' post is available in the concerned Gram Panchayat.

(3.) Mr. Haider, learned Counsel for the State, submits that the Hon'ble Apex Court in a judgment held that a casual employee should not be regularised.