IN THE FUNIA DONE Vs. STATE

JUDGEMENT

(1.) The Petitioner is aggrieved by the decision of the West Bengal Administrative Tribunal in OA No. 1587 of 2009. The Petitioner was employed as a sweeper from 25th August, 1990. There is no dispute that she was employed in a post which was sanctioned. The Petitioner has continued to work on a casual basis for the last 22 years. However, despite certain Government Orders, she has not been made permanent. It appears that several such casual employees had approached this Court by preferring C.O. No. 7069 (W) of 1992. By an order dated 11th March, 1994 a learned Single Judge of this Court had considered the various Government Orders regarding regularising casual employees in service and had directed them to be absorbed in service depending on the nature of work that they had performed from their respective dates of appointment.

(2.) The Government Order No. 1700 dated 3rd August, 1979 stipulates that the casual workers who have been engaged in work of a perennial nature for a continuous period of more than three years should be absorbed in the regular establishment on a temporary basis in existing vacancies. If suitable vacancies are not available, necessary steps are to be taken by the Authority to create the requisite number of posts.

(3.) Continuous period has also been defined to mean 240 days of work in each calendar year of service for three consecutive years. The "perennial type of work" means a job which is of a permanent nature.