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2009 Supreme(Cal) 896

I.P.MUKERJI
Manas Mandal – Appellant
Versus
State of Wet Bengal – Respondent


Advocates Appeared:
For the Appearing Parties:Kallol Basu, A. Pyne, Nibaran Kumar Das, Advocates.

Judgment :-

(1.) Let the affidavit of service filed in Court be kept with the record.

(2.) The writ petitioner was employed by the concerned Panchayet Samity as a Typist on casual basis in 2001. He worked in that capacity till 25th, November, 2008. Thereafter he has been discharged by the respondent authorities without assigning any reason. He alleges that someone else has been engaged to do the work in his place. The Court will not readily interfere with a regular selection process to select candidates to replace casual workers, as the casual workers do not ordinarily have any right to permanent employment, State of Haryana and Ors. v. Shakuntla Devi (reported in AIR 2009 SC 869) and General Manager, Uttaranchal Jal Sansthan v. Laxmi Devi and Ors. with an analogous matter (reported in (2009) 7 SCC 205).

(3.) But without initiating a regular selection process a casual worker who has been working for eight years without any complaint cannot be removed unless there is proper cause to do so and such cause should take the form of reasons. Otherwise removal at the whim of some authorities smacks of arbitrariness and mala fide and works tremendous injustice to this kind of workers. The n







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