KALYAN BISWAS Vs. STATE OF WEST BENGAL

JUDGEMENT

(1.) This mandamus writ petition is for commanding the respondents directing that all the writ petitioners be in continuous service along with other benefits, commanding the respondents to declare the petitioners be regularised in service from the date of their initial appointment as per rules and policies, commanding the respondents to pay to the petitioners arrears of salaries directing the respondents not to allow them to continue in service those who were illegally regularised in violation of Government rules and policies for all purposes and other consequential reliefs.

(2.) The petitioners were appointed to the posts of Instructor (Trade-Moulder) on ad hoc basis under the respondent no.3 at Kalyani on different dates and subsequently, they were retained in the said posts. Their pay was fixed at the minimum level of pay of the scale of Rs.4,500-9,700/- plus other allowances as admissible under Rules. Such appointment was made for a period of six months with indication that after the expiry of the said period from the date of joining to the said post or on the appointment of an Instructor on regular basis to the said post whichever is earlier, they shall be terminated automatically. The extension was made subsequently and then they are not allowed further extension.

(3.) Under such circumstances, in 2002 they filed a writ petition being W.P. No.7482(W) of 2002 which was dismissed. The matter went to the Division Bench in appeal and the Division Bench affirmed the said order of the learned Single Judge on August 4, 2008 in F.M.A. No.759 of 2005. The Special Leave Petition preferred by the petitioners was also dismissed. Not only that, the petitioners preferred a curative petition which was also dismissed. Subsequently, when some juniors were appointed in the regular scale, they filed the present writ petition contending the violation of the provisions of Articles 14, 16, 21 & 39(d) of the Constitution of India.