SANGHAMITRA GHOSH Vs. STATE OF WEST BENGAL

JUDGEMENT

(1.) On 21st February, 2003, the West Bengal State Health and Family Welfare Samity (hereinafter referred to as the said 'Samity') was constituted with the dissolution of all existing State level Registered Societies for proper monitoring, supervision, planning and implementation of all the National Health Programme as well as different public health programmes under the West Bengal Societies Registration, 1961. The object for which the said Samity was incorporated has been enumerated in clause 3 of its Memorandum of Association. Clause 3 (12) empowers the Samity to appoint or engage any person temporarily either on deputation or on contractual basis for the performance of programme related activities.

(2.) The said Samity issued a recruitment notice on 2nd August, 2012 inviting applications for various posts as enumerated therein for contractual appointment in the State/District Programme Management Unit. One of such post was that of Statistical Manager (HQ). The place of posting as indicated in Serial no. 1 of the said recruitment notice is "headquarter" and the educational qualification for the applicants have also been specified therein in a separate column against the said serial. There were others to be recruited as mentioned in Serial no. 2 to 5 of the said recruitment notice.

(3.) The petitioner on being successful was engaged as State Statistical Manager in the State Programme Management Unit of National Rural Health Mission (in short 'NRHM') under the said Samity by an order of engagement dated 1st January, 2013 on contractual basis up to 31st March, 2013 on a consolidated monthly remuneration. The engagement order was to take effect from the date the petitioner joined in that post. The period of contract as per such engagement order would automatically be terminated after expiry of 31st March, 2013. The petitioner's service as per the engagement order could be terminated by one month's notice from either side.