Long-term service without formal regularization may qualify employees for regularization, emphasizing the distinction between illegal and irregular appointments in the context of public employment and legitimate expectations.

JUDGMENT :

Rajarshi Bharadwaj, J:

1. The present writ petitions, taken up together due to the commonality of issues involved, are directed against the alleged inaction of the respondent authorities in regularizing the services of the petitioners, who have been serving for considerable durations in various capacities under the Raiganj Municipality herein respondent No.3 and the impugned issuance of a recruitment notice dated 28.12.2019 for filling Group-D and other posts, allegedly overlooking the legitimate expectations of the petitioners.

2. For the sake of convenience, W.P.A. 719 of 2020 is treated as the lead matter, and the facts of that case are referred to wherever necessary. The issues involved in all the writ petitions being similar, this judgment shall govern all the connected writ petitions as well.

3. The lead petitioner in WPA 719 of 2020, Shri Goutam Kumar Jha, was initially engaged as an unskilled labourer under a contract and subsequently appointed under the Raiganj Municipality on a fixed monthly remuneration of Rs.1700/- with effect from 01.03.2006, pursuant to a resolution dated 27.02.2006 of the Board of Councillors.

4. Over the years, multiple resolutions and communications emanated from the Municipality requesting the Director of Local Bodies, Government of West Bengal, to accord approval for the regularization of the petitioner along with fifteen others similarly situated. Despite repeated representations from the petitioners and supportive recommendations from the municipal authorities, no affirmative decision was forthcoming from the State.

5. Subsequently, the Director of Local Bodies, vide letter dated 06.07.2018, indicated his consent to initiate recruitment procedure for these employees if required. Notably, no categorical rejection of the petitioners’ absorption proposals was communicated to them.

6. In a parallel development, by orders of a Division Bench of this Court in A.S.T. No. 242 of 2014 (Prasanta Kumar Das & Ors. v. State of West Bengal & Ors.), directions were issued for the creation of posts and regularization of similarly circumstanced employees, resulting in the creation of 13 sanctioned posts under the Raiganj Municipality.

7. Despite this precedent and prolonged engagement of the petitioners in municipal functions, the respondents issued a fresh recruitment notification dated 28.12.2019 for multiple posts, including those allegedly held by the petitioners, without first addressing their claims for regularization.

8. However, by an order dated 21.01.2020, the Hon’ble Justice Amrita Sinha was pleased to stay the final result of the recruitment process initiated by the said notice. Till date, no review or appeal has been preferred against the said order. Neither in the Affidavit-in-Opposition filed by the Raiganj Municipality nor by the State Respondents has the legality of the said recruitment notice been affirmed or defended.

9. The petitioners continue to discharge municipal functions and seeks regularization along with similarly placed employees owing to which the present petitions have been preferred.

10. Learned counsel appearing for the petitioners submits that th