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SHAMPA DUTT (PAUL)
Biswajit Goswami – Appellant
Versus
Secretary (Municipal Affairs), State of WB – Respondent
JUDGMENT :
SHAMPA DUTT (PAUL), J.
1. The present writ petition has been preferred praying for extending all superannuation benefits to the writ petitioners as admissible under law prescribed by the Government of West Bengal by quashing the order dated 5th November, 2009 passed by the respondent no.2.
2. The writ petitioners’ case is that :-
b. Subsequently the Chairman of the said Municipality herein being the Respondent No. 4 by an order dated 31st May, 1994 under Memo No. HDV/M/770/94 confirmed the services of the petitioners to the post of Group- 'D' category with effect from 1st May, 1994 whereby the pay was fixed at Rs. 450/- per month.
c. In terms of the decision taken by the appropriate authority, being the Municipal Authority Services of the petitioners were confirmed as Group- 'D' Worker with effect from 15th May, 1994 on fixed p
Long-serving employees in essential roles cannot be denied regularization and benefits due to initial irregularities in appointment, as per Articles 14 and 16 of the Constitution.
Continuous long service in essential roles grants employees the right to regularization despite initial contractual labels, promoting equity in employment practices.
Regularization of long-serving daily wager employees is justified even under contractual terms, ensuring fair treatment and benefits based on continuous service.
Long-standing service without a formal appointment does not deny employees the right to regularization; discriminatory treatment of similarly situated employees violates principles of equity and fair....
Long-standing service and fulfillment of criteria establish entitlement for regularization under service law, preventing arbitrary denial of rights.
Regularization of long-serving daily wage employees is mandated after 10 years of service, acknowledging functional continuity despite initial irregularities, violating constitutional rights otherwis....
Long-serving employees in essential roles are entitled to consideration for regularization despite initial irregular appointments, ensuring fairness and adherence to constitutional principles.
Regularization of employees with irregular appointments who have served for a significant duration is constitutionally mandated when they fulfill essential duties, emphasizing equity and justice in p....
Long-term employees performing essential and continuous functions may claim regularization after a decade of service, despite previous procedural irregularities.
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