BAIDYANATH KAHAR Vs. STATE OF WEST

JUDGEMENT

(1.) The Petitioners in WPST 119 of 2014, WPST 120 of 2014 and the Petitioner in WPST 121 of 2014 are all aggrieved by the decisions of the West Bengal Administrative Tribunal by which their Original Application Nos. 912 of 2011 (WPST 119 of 2014), 962 of 2011 (WPST 120 of 2014) and 237 of 2013 (WPST 121 of 2014) respectively have been dismissed and also by the dismissal of the Review Applications being R.A. Nos. 09 of 2013, 7 of 2013 and 8 of 2013 filed in respect of the orders passed in the aforesaid Original Applications. The Petitioners in all these writ petitions claim to be the Special Attendants working in Government Hospitals. They have sought to be absorbed as Group 'D' staff in Government Hospitals, which are run under the Department of Health and Family Welfare. They claim this absorption on the basis of a scheme, which was formulated by the Government of West Bengal and published on 10th of August, 1981. Under the scheme Special Attendants, who had worked for five consecutive years in a Government Hospital and who had rendered at least 240 days of service in each of those years and whose names were registered by the Authorities of the Hospital, were entitled to be appointed in vacant posts of Group 'D' staff on the regular establishment in the Hospital in which they have worked as Special Attendants. 15% of the vacancies occurring in the Group 'D' staff cadre could be filled in this manner under the scheme. However, the maximum age limit of a Special Attendant to be absorbed as a Group 'D' staff was limited to 45 years on the first day of the year in which the recruitment was to be made. The panels of such Special Attendants employed in the Hospitals were to be maintained in the Hospitals and the Superintendents of the Hospitals were authorized to earmark vacancies for the candidates having regard to the requirement of the Hospitals. The scheme was to take immediate effect. However, the scheme stipulated that there would be no fresh enrolment of Special Attendants. Thus the Special Attendants could not be employed after 10th of August, 1981 and if such Special Attendants were employed, the scheme was not applicable to them.

(2.) It appears that one set of employees moved the West Bengal Administrative Tribunal in O.A. No. 1516 of 2001. By an order of 14th May, 2009, the Tribunal directed the Authorities to consider within six months the pending representation of the applicants in that case regarding their absorption in accordance with the Government Policy. The Tribunal further directed that the status of the applicants as Special Attendants on record should not be disturbed while their representation was being considered. The Authorities then considered the representation of those employees and the Director of Health Services, Government of West Bengal, disallowed the representation. Aggrieved by that order, those employees filed O.A. No. 45 of 2010. The Tribunal disposed of that application by passing the following order:

(3.) This order was passed on 28th June, 2011.