SITANGSHU MAITY Vs. UNION OF INDIA

JUDGEMENT

(1.) -IN all these writ petitions the second and third respondents, the Director, Zoological Survey of India, and the Deputy director and Officer-in-Charge, Zoological Survey of India, Marine aquarium (Digha) respectively, have taken out applications for vacation of the interim order directing them to go on engaging the petitioners as security guard and safaiwala and also to pay their remuneration. Since the writ petitions are ready for final hearing, I invited counsel for the parties to argue them, and accordingly they have argued the writ petitions for final disposal. W. P. No. 18919 (W) of 2006 and CAN No. 8412 of 2007 are not appearing. By consent of counsel for the parties they are treated as on the day's list. Since common questions of fact and law are involved in all the cases, they have been heard together, and are being disposed of by this common Judgment.

(2.) THE petitioners have prayed for a mandamus commanding the second and third respondents to enter into an agreement with the fifth respondent, the Director, Bengal Sainik Punarvas Limited, so that they may be engaged as security guard in Marine Aquarium Research Centre, digha, Purba Medinipur of the second and third respondents. They are also seeking a mandamus commanding the fifth respondent, it is submitted that it is a registered society, to pay them salary from June 15th, 2006 till August 10th, 2006 when the writ petition was taken out. The questions which have arisen for decision are: (i) whether a mandamus can be issued directing the second and third respondents to enter into an agreement with the fifth respondent for engaging the petitioners as security guard in their marine aquarium research centre; (ii) whether a mandamus can be issued commanding the fifth respondent to pay salary to the petitioners for the period mentioned hereinbefore for working as security guard in the marine aquarium research centre of the second and third respondents.

(3.) THE petitioners were engaged by the Zoological Survey of India (in short ZSI) for working as security guard and safaiwala in its marine aquarium research centre. They were engaged on the basis of a contract, zsi entered into with one Indian Ex-Services League, Contai, Purba medinipur. They were members of that Indian Ex-Services League (in short IESL), an organization sponsored by Zilla Sainik Board, Medinipur. The engagement took place for the first time on June 6th, 2003. With effect from February 10th, 2004 the contract was extended for one year. Again with effect from May 1st, 2005 it was extended for one more year. In terms of the contract ZSI was to pay the agency supplying the security guards and safaiwalas at the rate of Rs. 5,684/- per month per head. In may 2006 Rajya Sainik Board informed ZSI about the formation of the fifth respondent. The petitioners became its member. The contract with iesl was extended lastly upto June 14th, 2006. ZSI was willing to take the security guards and safaiwalas from Rajya Sainik Board that sponsored the fifth respondent. A draft agreement was prepared, and ZSI decided that Rajya Sainik Board should provide a new set of ex-servicemen. Such decision was taken in the face of the new salary structure. Though letters were written Rajya Sainik Board and the fifth respondent did not take any steps for entering into any contract. At such stage the petitioners took out the writ petition.