Regularisation of contractual employees should be in accordance with the relevant rules and regulations, and regularisation is not a mode of recruitment.

JUDGMENT

Amrita Sinha, J. - The petitioners press the application for passing interim order in the matter. After hearing submissions, it appears that the writ petition itself can be disposed of on the basis of arguments advanced by both the parties. Since affidavits are over, by consent of the parties, the main matter is taken up for hearing.

2. The petitioners are serving as Laboratory Technicians in the Kolkata Municipal Corporation (KMC for short) on contractual basis for more than ten years. They pray for issuance of a writ of mandamus to regularise their service.

3. Pursuant to an advertisement published by the Municipal Commissioner, KMC for walk-in-interview, for appointment of Laboratory Technicians, on contractual basis, the petitioners reported and participated in the said walk-in-interview held in April, 2010. A list containing candidates, eligible for appointment, was published. The petitioners being successful in the interview were enlisted for appointment.

4. The petitioners were issued a formal letter of engagement in April, 2010. The contract was for a period of six months, with an option for extension, depending upon satisfactory performance and necessity of KMC. The employees were to receive a consolidated remuneration of Rs. 2,500/- per month and the contract was liable to be terminated by giving one months' notice by either side. In case of leaving the KMC without required notice period, an employee would have to forego one months' remuneration.

5. As the performance of the petitioners was up to the level of satisfaction of the superiors, their service tenure was extended from time to time. The extensions were made for a period of one year and at times for six months. The remuneration of the contractual Laboratory Technicians was periodically increased to Rs. 10,000/- per month.

6. The petitioners are presently aggrieved by the issuance of Advertisement No. 14 of 2020 published on 12th August, 2020 whereby applications were invited for recruitment to the post of Laboratory Technicians (Grade-3). The upper age limit to participate in the recruitment process is 40 years, relaxable for SC/ST/OBC-A/OBC-B and physically challenged persons. The last date for making online application was 4th September, 2020.

7. The petitioners submit that KMC being a model employer had the obligation to regularise their services, in as much as, there are adequate number of vacant posts. Instead of regularising their services against the existing vacant posts, the respondents have illegally and arbitrarily taken a decision to recruit fresh candidates, thereby depriving their right to be regularised. The petitioners rely upon the following judgments in support of their prayer for regularisation:

1. Nihal Singh & Ors. -vs- State of Punjab & Ors, (2013) 14 SCC 65 paragraphs 20, 22 and 37 wherein the Court directed the State to regularise the services of the appellants by creating necessary posts and further held that the appellants would be entitled to all the benefits of service attached to the post which are similar in nature.

2. Amarendra Kumar Mahapatra & Ors. -vs- State of Orissa & Ors., (2014) 4 SCC 583 paragraphs 35, 38, 42, 45, 47, 48 and 50 wherein the Court was of the opinion that the appellants were entitled to regularisation in service having regard to the fact that they have rendered long years of service on ad hoc basis for 17 to 18 years in some cases.

3. Amarkant Rai -vs- State of Bihar & Ors., (2015) 8 SCC 265 paragraphs 2, 3, 13 and 14 wherein the Court directed the University to regularise the service of the appellant as he rendered service for more than 29 years in the post on daily wages.

4. Narendra Kumar Tiwari & Ors. -vs- State of Jharkhand & Ors, (2018) 8 SCC 238 paragraphs 4, 5, 6 and 7 wherein the Court was of the view that the Regularisation Rules must be given a pragmatic interpretation and if the appellants have completed 10 years of service they should be regularised, unless there is some valid objection