BISWANATH DUTTA Vs. STATE OF WEST BENGAL

JUDGEMENT

(1.) Petitioners are spray workers under District Health Department in Hooghly and as seasonal workers they were continuously working for more then five years without any break since the year 1990. Some of the petitioners belonged to scheduled caste, some belonged to scheduled tribe and backward caste.

(2.) Petitioners were engaged for the purpose of eradication of malaria, kalazar and encephalitis.

(3.) By Government circular dated 3rd August, 1979, the Government of West Bengal formulated some principles to be followed in the matter of absorption of casual and such other categories of workers. Subsequently by another circular dated 28th August, 1980 the casual workers already in employment on 3rd August, 1979 and working continuously, were held eligible for absorption in regular establishment in the same manner as laid down in paragraph 3 of the earlier circular dated 3rd August, 1979. By a further circular dated July 9, 1981 such casual workers were to be considered for absorption against any vacancy in Group 'D' posts subject to their fulfillment of the conditions prescribed. The Government again by its circular dated 13th March, 1996 laid down the principles to be followed in the matter of absorption of casual and such other categories of workers.