JUDGMENT

I.P. Mukerji, J.

This matter relates to the non-teaching employees of the hostel/ mess of Malda Polytechnic, in our state. They filed the instant writ application asking for an order in the nature of mandamus commanding the Malda Polytechnic and the respondent authorities to treat them as the employees of the college and to grant them the scale of pay and other allowances including service benefits that were being received by the non-teaching employees.

The learned single judge by his judgment and order dated 21st May, 2010 held the writ petitioners (respondents in this appeal) to be permanent non-teaching Group- D employees of that college and on that basis were entitled to salaries and allowances. In the impugned judgment and order the learned judge has observed and held the following:-

a) The petitioners were appointed as cooks, assistant cooks, helper in accordance with the rules and formalities in the hostel and mess of the college. b) Their names were sponsored by the employment exchange. They were so appointed after their names were entered in an approved panel after undergoing an interview procedure.

c) The appointments were approved by the D