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.

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 :-

a. Petitioners were all appointed by an order dated 12th January, 1994 with effect from 14th January, 1994 as a daily record Group- 'D' Worker on a daily rate of Rs. 12/-only. In the said letter of appointment it was mentioned that the service of the petitioners would be continued till the petitioners were individually absorbed in a substantive vacancy.

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 pay of Rs. 450/- per month and subsequently enhanced the pay was increased to Rs. 800/- per month and gradually it increased to the tune of approximately Rs. 7500/- per month (at present).

d. Although they are enjoying their salaries as per prescribed rules but the same is being paid from the fund of the Haldibari Municipality and not by the State Government, in consequence whereof if any death occurs before retirement as also after retirement, they shall not receive any superannuation benefit from the State Government.

e. That in the same category although 49 employees including the aforesaid writ petitioners were given appointment/and then confirmed to the Group- 'D' post with effect from 15th May, 1994, out of them 16 employees were accommodated to vacancies/new post without taking into account the respective qualification, date of birth etc of the said employees accommodated.

3. By an order dated 27.06.2006 in WP No.9293W of 2006, the High Court passed the following direction in respect of employees standing on the same footing as the writ petitioners:-

“a. All these controversies were set at rest by Justice S.B. Sinha (as his Lordship then was) in the earlier writ petition being W.P. No. 15366(W) of 1997 in His Lordship's order passed on 27th November, 1998 being annexure P-19 to this writ petition at page 56. While disposing of the said writ petition His Lordship directed the respondents to grant salary to the petitioner by placing them in the scale of pay of Group 'D' employee to which they are entitled to since the date of their appointment.

b. This court is informed that the parties have accepted the said order by not challenging the same before any higher forum. Since the parties have accepted the said order, the parties cannot avoid the implementation of the said order by contending, inter alia, that the Municipal Authority is unable to pay the admissible scale to the petitioners unless the posts are sanctioned by the government.

c. Under such circumstances, this court disposes of this writ petition by directing the Municipal Authority to pay the admissible dues of the petitioners in terms of the order passed by S. B. Sinha, J. (as his Lordship then was) on 27th November, 1998 In W.P. No. 15366(W) of 1997 being annexure P-19 to this writ petition at page 56 positively within a period of eight weeks from date.

d. It is, however, made clear that in the event the Municipal Authority fails to pay the said dues of the petitioners within the time as indicated above, the Municipal Authority will have to pay the interest @ 10% per annum on the unpaid dues of the petitioners until the entire payment is made to the petitioners in this regard.”

4. Similar order was passed vide an order dated 23.09.2008 in WP No.5969W of 2008. By an order dated 27.09.2009 in