TARUN KUMAR KAYAL Vs. STATE OF WEST BENGAL

JUDGEMENT

(1.) Heard the learned advocates appearing for the parties. Assailing the judgment and order dated 2nd February, 2011 passed by the learned Trial Judge in W.P. 23370 (W) of 2010, this appeal has been preferred. Impugned order reads such:

(2.) Learned Trial Judge dismissed the writ application by assigning reason that there was no scope for regularization as writ petitioner admittedly was not an appointee to the post of Panchayat Karmee, since the post was created following the West Bengal Panchayat (Recruitment and Conditions of Service of Gram Panchayat Karmee) Rules, 1995, long after casual appointment of the writ petitioner in the year 1992 by resolution of the Gram Panchayat in the post of Job Worker or other job. The circular letter dated 8th October, 2003 as relied upon by the writ petitioner for relief in the regularization of service was not applied by the learned Trial Judge.

(3.) It is the grievance of the appellant before us that since by an unanimous resolution of Sandeskhali Gram Panchayat, the writ petitioner/appellant was appointed in the post to work as Job Worker or Karmee Sahayak temporarily on payment of nominal salary where he is continuing as casual appointee, the appellant in terms of the notification No. 3598/PN/O/I/3S-114/2003 dated 8th October, 2003, has accrued right for regularization of his service in a permanent post. The notification as relied upon reads such: