KAUSIK GHOSH Vs. STATE OF WEST BENGAL

JUDGEMENT

(1.) According to the appellants/petitioners they are all working as Laboratory Technicians on contractual basis against sanctioned vacancies during exigency of the Kolkata Municipal Corporation. The entry of the appellants into service was on the basis of walk-in interview in the year 2010. The said walk- in- interview was taken on the basis of a public advertisement. Accordingly, the petitioners were engaged initially on contractual basis for a period of six months and thereafter the period of engagement was extended from time to time. The petitioners are still working in the said capacity. The respondents are obliged to regularize the service of the petitioners. The Municipal authorities by taking advantage of the dominant position as employer imposed upon the petitioners the condition of not making any claim for regularization at the time of their initial appointment.

(2.) The West Bengal Municipal Service Commissioner at the instance of the Kolkata Municipal Corporation issued an advertisement dtd. 12/8/2020 for Recruitment Examination 2020 for the post of Medical Officer (General) and Laboratory Technician (Grade III). The advertisement fixed the upper age limit at 40 years for general candidates with relaxation only for reserved category candidates. The Writ Petitioners prayed for restraining the Municipal Authorities from removing the petitioners from service and/or for staying the operation of the advertisement dated 12/ 8/ 2020.

(3.) The Kolkata Municipal Corporation being the respondent No. 2has pointed out that admittedly the appellants/ petitioners were engaged as laboratory technicians on contractual basis through walk- in- interview as advertised. The petitioners did not raise any objection to the process of the engagement undertaken. It cannot be denied that in the matter of contractual engagement service is governed by the terms and conditions of engagement as offered to them. One of the terms and conditions of the offer was as follows: