SHIB SHANKAR CHAKRAVORTY Vs. STATE OF WEST BENGAL

JUDGEMENT

(1.) THIS is an appeal against the judgement dated l5th July, 1992 passed by the learned trial Judge in CO. No. 13824 (W) of 1991. By the said order the learned trial Judge directed, "the petitioners will made a fresh representation if they are actually working for years together, and the respondents concerned will consider and dispose of such representation for regularisation of service within a period of 6 months from the communication of the order, by passing a reasoned and speaking order, "and after observing that no contingency labour will be engaged as no fund for such purpose is available at the disposal of the respondents and that unless the works is of perennial nature and the appellants have worked for sufficient period in terms of absorption, the appellants cannot ask for regularisation of service.

(2.) IN the writ petition the subject matter of challenge was an order date 1-10-91 passed under Memo No. 1371 issued by the Superintendent, S. D. Hospital, Kandi, Murshidabad wherein it was observed that "henceforth no contingency labour will be engaged in this hospital as no fund for this purpose is available at present. "

(3.) THE appellant's case in brief is that they are whole-time Group- D employees of the State Government working throughout the year in the sub-Divisional Hospital. Kandi, Dist. Murshidabad. Admiteedly, they are working continuously from 1978/1979 by an order of the Finance department's Memo No. 6338-F date 28th June, 1980. By the said order of (he Governor the pay scale were fixed with effect from 1. 4. 1989 in the time scale of Rs. 800-15-920-18-1181-21-1265/- plus allowances as admissible to whole time Govt. Employees. It was also provided that the provisions made in the West Bengal Service (Revisions of Pay and Allowances) Rules. 1980 shall apply mutatis mutamdis to such Group- D employees who were employed throughout the year. In accordance with Memo No- 6338-F dt. 28. 6. 90 the salary bill of Group-D employees were presented to the treasury Officer. Kandi for necessary passing in contigent bill but the treasury Authority objected on the same bill with the observation - The bill should be presented in pay Bill form and to be debited against pay head. The matter was discussed with the S. D. O. Kandi as well as the treasury Officer jointly. It appears from a letter issued by the Superintendent. Kandi Sub-divisional Hospital addressed to the Chief Medical officer. Murshidabad that for such objection of the treasury, pay of some persons were remaining held up with effect from August, 1990 and the employees were in a staring position and pressing hard to get their salaries. From the Memo of the Superintendent, Kandi Sub-divisional hospital being Memo No. 1467 date 27. 12. 90 it appears that the list of group- D Employee (Whole-time and throughout the year) whose pay bill under objection includes the names of all the appellants. Since the appellants have been working for' a long time as temporary employees even though employed as whole-time and throughout the year in terms of the memorandum No. 6338-F dt. 28th June, 1990 they made a representation for the regularisation and/or absorption against the regular post. But surprisingly the respondents reacted only by stopping the payment of the salaries of the appellants from August, 1990. The appellants preferred an application before His Lordship M. R. Mallick, J and His Lordship by His order dated 28th September, 19s (1 directed the payment of arrear salaries up to Puja, 1991. The respondents thereafter stopped allotting any work to them with effect from 1. 10. 91 on the basis of Memo, date 1. 10. 90 between 1979 and 1993, Thus, though the appellants claimed to be absorbed on regular basis on terms of the government order G. O. No. 1700-EMP dt. 3. 8. 1979 and G. O. No. 1650-EMP dated 28. 8. 1980 still on their representation no action was taken, and ultimately, the impugned order dt. 1. 10. 91 has been issued by the Superintendent, Sub-Divisional Hospital, kandi stating "henceforth no contingency labour will be engaged in this hospital as no fund this purpose is available at present. "