HIMANGSHU BASU RAY Vs. STATE OF WEST BENGAL

JUDGEMENT

(1.) AN advertisement was issued by the Government of West Bengal in the newspapers for appointing persons on contract basis. The advertisement included the post of Pharmacists. The essential qualifications were Diploma/Degree in Pharmacy with 'A' category registration from the West Bengal Pharmacy Council.

(2.) THE petitioner who has a Bachelor's degree in Commerce and a Diploma in Pharmacy with registration No.D -53477 applied for appointment as a Pharmacist. The registration number discloses that the diploma obtained by the petitioner was in the 'D' category and not 'A' category. The petitioner was directed to appear before the selection committee for being empanelled for the post of Pharmacist on contract basis. Accordingly, he appeared with his testimonials which included the diploma certificate issued by the West Bengal Pharmacy Council. On 18th August, 2003 the petitioner was informed that on the basis of his performance at the interview he was being offered the post of pharmacist on contract basis. The petitioner accepted the offer and he commenced working as a Pharmacist on the basis of a contract executed between him and the Chief Medical Officer of Health, Dakshin Dinajpur, Balurghat on 2nd September, 2004. This contract was valid till 1st September, 2005. It appears that the contract was extended from time to time till 31st March, 2007. Thereafter by an order issued by the Chief Medical Officer of Health, Dakshin Dinajpur, the contract of the petitioner and several other employees was extended until further orders with effect from 1st April, 2007.

(3.) ON 30th May, 2007 the Government issued a memo deciding to regularise the services of para -medical staff with effect from 17th May, 2007. Another memo was issued by the Government on 22nd June, 2007 with respect to regularisation of the services of 327 para -medical staff.