Kamrul Karim vs State of West Bengal - 2025 Supreme(Cal) 1105

Judicial Analysis Court Copy Headnote Facts Arguments Court observation

2025 Supreme(Cal) 1105

CALCUTTA HIGH COURT
MADHURESH PRASAD, SUPRATIM BHATTACHARYA
Kamrul Karim – Appellant
Versus
State of West Bengal – Respondent

Advocates Appeared:
For the Petitioner: Mr. Asim Hati, Ms. Nandini Sharma, Mr. Antariksha Karmakar, Mr. Abdus Salam.
For the Respondents: Mr. Tapan Kr. Mukherjee, Ld. A.G.P., Ms. Sangeeta Roy, Mr. Sourav Mondal.

JUDGMENT :

1. Heard learned counsel for the petitioner and the learned counsel for the State.

2. It appears from the impugned order of the director that the petitioner herein was appointed in terms of an advertisement dated 5^th November, 1999, as Medical Technologist (Electro Cardiogram), referred to as M.T.(ECG) at the project hospitals, under the State Health System Development Project – II, in South 24 Parganas under the Health and Family Welfare Department, Government of West Bengal. The appointment was on a contractual basis having a consolidated remuneration of Rs. 5025/- per month. The contract was for a one year period, and contemplated annual renewal on the basis of performances.

3. It is not in dispute that the petitioner’s contractual services were continuously renewed on the basis of his performance, year after year, till it was regularised by order dated 5^th March, 2008, with effect from 17^th May, 2007.

4. From the order of regularisation it is apparent tht the post of Medical Technologist (ECG) was created under the Medical Technologist Cadre. Pursuant to an order No. HF/D/MS/697/W-64/06 dated 26^th December, 2007, the petitioner’s services were regularised on the said pos