JUDGMENT :

SHEKHAR B. SARAF, J.

1. The present review petition by the State of West Bengal (hereinafter referred to as the “applicant”) arises from the order dated March 12, 2019 passed by Justice Protik Prakash Banerjee in W.P. No. 30178 (W) of 2014.

2. The factual matrix of the present case is laid down below:

(a) The respondent in the present review i.e. Gopal Chandra Pramanik (hereinafter referred to as the “writ petitioner”) was engaged as a contractual employee from February 23, 2006 as a Group ‘D’ staff in the office of the District Magistrate, South 24 Parganas, Alipore Court Chamber, Gopal Nagar Road, Kolkata-700027. His appointment was in a regular vacancy wherein he was appointed against Smt. Laxmi Das who retired in the month of August, 2002. All formalities including sponsoring of name by Employment Exchange, written test and interview, police and medical verification were duly followed and observed as is done in the case of regular appointments.

(b) The Finance Department, Government of West Bengal published a Memorandum being No. 8305-F dated September 25, 2005 stating that the state government has been following the policy wherein the employees who were initially recruited on contract basis following the norms, rules and methods as applicable to the relevant posts, may, if still continuing in contract service, be brought under regular establishment subject to the principles as contained in the memorandum against regular vacancies in which they have been initially appointed with the approval of Appointments Committee of the Cabinet (‘ACC’). The consultation with the Finance Department was made necessary in such cases.

(c) In this connection, pursuant to an office order dated July 18, 2008 by the Deputy Secretary, Panchayat and Rural Development Department, Government of West Bengal the concerned department was asked to furnish the names of eligible contractually appointed employees. The Project Director, DRD Cell informed by enclosing a chart in a prescribed proforma being Memo No. XIX/84-07/843 PZP/DRDC dated July 25, 2008 wherein the name of the writ petitioner is stated. Thereafter, several efforts were made by writ petitioner in order to get his appointment regularised and correspondences were exchanged between the parties.

(d) The writ petitioner then moved a writ application under Article 226 of the Constitution of India being W.P. No. 118(W) of 2012 and on August 19, 2013, the Court directed the concerned authorities to consider his case regarding regularization afresh and to pass a reasoned order setting aside all the grievances/pleas raised by the state.

(e) On February 28, 2014 the aforesaid order was taken up for consideration by the Principal Secretary, Panchayat and Rural Development Department, Government of West Bengal and the claim of writ petitioner was rejected on the grounds that there was no existence of District Rural Development Agency (‘DRDA’) separately as all the DRDAs were merged with the respective Zilla Parishad with effect from April 1, 2000 vide memo no. 1138/PN dated March 22, 2000. Therefore, any candidate engaged in District Rural Development Cell (‘DRDC’) after April 1, 2000 is treated as a contractual worker of the concerned Zilla Parishad.

(f) Aggrieved from the above mentioned order, the writ petitioner then moved an application under Article 226 of the Constitution of India before this Court being. W.P. No 30178(W) of 2014 praying for being given appointment permanently as stated in the guidance of DRDC Administration and as per guidance in memorandums being Nos. 8305-F dated September 27, 2005 and 642-F dated January 24, 2006.

(g) The said writ petition was heard by the Court on March 12th, 2019. Despite repeated directions, no affidavit-in-opposition was filed by the applicant herein. After hearing the learned advocate on behalf of the respondent herein, the writ petition was disposed of ex parte allowing the prayer of the writ petitioner for appointment on permanent basis with effe