Workmen engaged in perennial work for more than 240 days in a calendar year are entitled to regularisation in normal vacancies, absorption in Group D posts, wages equal to Group-D employees, and statutory benefits of provident fund, gratuity etc.

( 1 ) MUSTER roll workers under Divisional Forest Officer, East Midnapore Division, who have worked continuously for periods ranging from 3 years to 10 years have moved this Court alleging inter alia, that although for all purposes, they are permanent employees, they have not been given regular appointments and the benefits which regular and permanent employees must receive.

( 2 ) HOLDING on the basis of the principle that the casual workers who have been appointed against perennial job and who have discharged functions for more than 240 days in a year, are entitled to be regularised in the normal vacancies, learned single Judge has directed the respondents-appellants to absorb the writ petitioners-respondents in the regular vacancy of Group D posts within six months from the date of communication of the order. The learned single Judge, for the said purpose, has further ordered as follows:"the Finance Department, Government of West Bengal shall sanction the creation of posts for regularisation of the petitioners as they have been working since 1978 or 1980 as the case may be. In the event no regular-isation is made on the expiry of six months from the date of communication of this order, the petitioners will be entitled to the scale of pay as admissible to the similar Group-D employees of the Government until their absorption. The petitioners will be absorbed within the time specified above and no vacancy shall be filled up in Group D post without giving employment to the petitioners first in terms of this order. "

( 3 ) THE instant appeal has been preferred mainly on the grounds:1. Appointment on daily wage basis is not appointment to posts according to rules; 2. Petitioners-respondents were appointed under a scheme or beautification and thus for a purely temporary job and since the scheme has come to an end, they have no right to claim continuance in service any further and their claim that they are to be regularised is not proper: 3. In any event, direction to create new posts for them and absorb them and until such absorption is made, they be paid emoluments as regular employees and further injunction that no one be appointed on permanent basis until the petitioners- respondents are absorbed, are directions which are not at all warranted on the facts and in the circumstances of the case.

( 4 ) SHEET anchor of the argument of the learned counsel for the appellants is the law that appears to have been stated on the peculiar facts of the case which fell for determination before the Supreme Court, is that the project in which the petitioners- respondents were engaged having come to an end, they have necessarily to be terminated for want of work and the Court cannot give direction to re-engage them in any other work or appoint them against existing vacancies for which they have not been regularly recruited. In State of Himachal Pradesh v, Suresh Kumar Verma, the Supreme Court dealt with a case in which the workmen engaged with the project were not recruited to any of the services under the State or to class of posts under the State in accordance with the rules of recruitment. The Court, on the basis of above, observed that the State is bound to follow the rules of recruitment and to have the selection of the candidates made as per recruitment rules and appointments shall be made accordingly. A person who is recruited in accordance with the rules, from the date of discharging the duties attached to his post becomes a member of the service. Appointment on daily wage basis, in such situation, is not an appointment to the post according to the rules. The Supreme Court also noticed that the project in which the respondents had engaged workers had come to an end and that therefore they had necessarily to be terminated for want of work and upon that observed:"the Court cannot give any directions to re-engage them in any other work or appoint them against existing vacancies. Otherwise, the judicial proce