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IN THE HIGH COURT AT CALCUTTA CIRCUIT BENCH AT PORT BLAIR
DEBANGSU BASAK, BIBHAS RANJAN DE
Hon’ble Lt. Governor – Appellant
Versus
Subendu Mata – Respondent
JUDGMENT :
DEBANGSU BASAK, J.
1.Appellant has assailed the judgement and order dated July 26, 2022 passed by the learned Single Judge in WPA 271 of 2021 with IA CAN 1 of 2022.
2. By the impugned judgement and order, the learned Single Judge has directed the appellants to ensure that wages are paid to the respondents herein, commensurate with the rate as specified in the office memorandum dated June 7, 1988. Learned Single Judge has also directed the authorities to consider the possibility of regularizing the respondents in their post with the Zilla Parishad. The authorities have been directed not to disengage or discontinue the services of the respondent except on valid grounds and without giving sufficient notice to the respondents.
3. Learned advocate appearing for the appellants has referred to the prayers made in the writ petition. He has contended that, the office memorandum dated June 7, 1988 would show that the benefit was available only to casual workers doing the same nature of work as regular employees. He has contended that, the writ petitioners were not performing any work as regular employees. Writ petitioners have not placed any evidence to such effect. He has relied upon
The court established that casual/daily rated workers engaged prior to a specified date are entitled to benefits under government memoranda, regardless of their engagement against sanctioned posts.
The main legal point established in the judgment is that temporary employees cannot claim regularisation once their appointment period expires, and erroneous regularisation of other employees does no....
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