RABINDRA NATH GHOSH Vs. STATE OF WEST BENGAL

JUDGEMENT

(1.) Heard the learned Advocates appearing for the parties.

(2.) Assailing the order dated 4th March, 2009 passed in original application No.7310 of 2008 by the West Bengal Administrative Tribunal, this writ application has been filed. The impugned order reads such.

(3.) The writ petitioners before the learned Tribunal had set up a case that they were casual appointee and in terms of the circular letters of the Labour Department issued under Memo No. 100-EMP dated 13th March, 1996, Memo No. 1700-EMPL36-26/78 dated the 3rd August, 1979/16th August, 1979 No. 1650-EMP/EMP/30-5/80 dated the 28th August, 1980, they were eligible to be absorbed. It is an admitted position that the writ petitioners are causal appointee and they were not appointed following the recruitment rules as prevalent in a regular permanent post and in a regular vacancy. It is an admitted position that the concerned post is under the Government of West Bengal. Recruitment rule framed under Article 309 of the Constitution of India for appointment in Group 'D' posts in the Government service provides advertisement of vacancies and the selection process etc. The writ petitioners have placed reliance for regularisation in terms of Memo No.l700-EMP/- 30-26/78 dated 3rd August, 1979/16th August, 1979 issued by the Labour Department, Government of West Bengal in support of their claim for regularisation. The circular letter reads such.