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2023 Supreme(Cal) 1121

ARIJIT BANERJEE, APURBA SINHA RAY
Kausik Ghosh – Appellant
Versus
State of West Bengal – Respondent


Advocates:
Advocate Appeared:
For the Appellants : Samim Ahammed, Saloni Bhattacharya, Ambiya Khatun.
For the Respondents: Alak Kumar Ghosh, Subhrangsu Panda.

JUDGMENT :

APURBA SINHA RAY, J.

Factual Matrix

1. According to the appellants/petitioners they are all working as Laboratory Technicians on contractual basis against sanctioned vacancies during exigency of the Kolkata Municipal Corporation. The entry of the appellants into service was on the basis of walk-in interview in the year 2010. The said walk-in-interview was taken on the basis of a public advertisement. Accordingly, the petitioners were engaged initially on contractual basis for a period of six months and thereafter the period of engagement was extended from time to time. The petitioners are still working in the said capacity. The respondents are obliged to regularize the service of the petitioners. The Municipal authorities by taking advantage of the dominant position as employer imposed upon the petitioners the condition of not making any claim for regularization at the time of their initial appointment.

2. The West Bengal Municipal Service Commissioner at the instance of the Kolkata Municipal Corporation issued an advertisement dated 12/8/2020 for Recruitment Examination

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