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1997 Supreme(Cal) 422

PRABHA SHANKAR MISHRA, NURE ALAM CHOWDHURY
STATE OF WEST BENGAL AND ORS. – Appellant
Versus
NANI GOPAL JANA AND ORS. – Respondent


Advocates Appeared:
ADVS.L.C.BIHANI, ARUN MITRA, INDRAJIT KUMAR SEN, SUCHANDRA MUKHERJI

PRABHA SHANKAR MISHRA, C. J.

( 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




















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