S.J.Mukhopadhaya, J.

1. The petitioner, a work charge employee in PHED, moved before this Court for direction on the respondents to consider his case for absorption/regular appointment in regular establishment and for promotion to next higher grade, on time bound promotion, in terms with government decision.

2. The brief fact of the case shows that the petitioner, an Ex-Army personnel, was appointed treasure Guard (Bhandar- Prahari) on daily wage basis for a period of three months by order dated 24th November, 82, in the work charged establishment. Subsequently, he was appointed in the regular scale of pay, against the said post on 25th July, 85, in the said work charged establishment. Till date he having not taken in the regular establishment, preferred the present writ petition.

3. The respondents in their counteraffidavit has opposed the prayer; according to them in terms with circulars issued by the State the work charge employee who had completed 5 years of service on 21st October, 84 are to be taken in regular establishment in terms with policy/guideline of the State. The petitioner having not completed 5 years of service on 21st October, 84 is not entitled for such b