IN THE HIGH COURT AT CALCUTTA (CONSTITUTIONAL WRIT JURISDICTION)

APPELLATE SIDE Present :

The Hon’ble Justice Partha Sarathi Chatterjee WPA 12347 of 2018 Sandip Mondal & Ors.

Vs.

The State of West Bengal & Ors.

For the petitioners : Mr. Ekramul Bari, Sk. Imtiaj Uddin.

For the State : Mr. Nilotpal Chatterjee, Mr. Sadhan Kumar Halder.

For the respondent no. 6 : Mr. Amitava Chaudhuri, Mr. N. Roy.

Heard on : 23.05.2025 Judgment on : 25.06.2025 Partha Sarathi Chatterjee, J.:-

Prelude:

1. Fundamentally, the present writ petition has been instituted seeking a direction upon the concerned respondents to regularize the petitioners in their respective posts, along with all consequential service- related benefits, including fixation of pay scale and grade pay, commensurate with those accorded to regular employees serving under the State of West Bengal.

Facts:

2. Before proceeding to address the issue raised in the present writ petition, it would be appropriate to refer to the essential facts, as set out in the writ petition, which have led to its institution.

a) Pursuant to advertisements bearing no. BTPL/WBMSCL/1 dated 28.05.2014 and WBMSC/1222 dated 19.05.2015, the petitioners were engaged on a contractual basis in the posts of Assistant Engineer and Sub-Assistant Engineer (Electrical and Civil) under the West Bengal Medical Services Corporation Limited (hereinafter referred to as 'the Corporation'), at a consolidated monthly remuneration of Rs. 20,400/- and Rs. 30,000/- respectively. The initial term of engagement was for a period of two years, subject to the condition that the terms and conditions set forth in the said advertisements, as well as other rules and regulations applicable to contractual employees under the State of West Bengal, would be equally applicable to the petitioners.

b) Although the petitioners were initially engaged for a period of two years, their engagements were periodically extended, subject to their executing an undertaking that such continued engagement would not confer any right to regular employment. Nevertheless, the petitioners were duly considered for absorption into regular employment.

c) Acknowledging that for some time past, the State Government had been following the policy of filling up non-PSC and non-

promotional posts on a contractual basis, and that such engagements were being periodically renewed, the Government reviewed its policy and, inter alia, decided that:

“…the employees who are initially recruited on contract basis, following the norms, rules and methods as applicable to the relevant posts, may, if still continuing in contract- service, be brought under regular establishment, subject to the above principles, against regular vacancies in which they have been initially appointed with the approval of the ACC. Consultation with Finance Department will be necessary in such cases.’

d) Subsequently, vide Memo No. 642-F dated 24th January, 2006, issued by the Special Secretary to the Government of West Bengal, Finance Department, it was clarified that the benefits extended under the earlier memo dated 26.09.2005 would also be applicable to contractual appointments made against regular posts under Statutory Bodies, including local bodies, autonomous bodies, non-Government aided educational institutions, and undertakings owned or substantially controlled by the State Government, subject to the approval of the ACC and consultation with the Finance Department.

e) The Department of Health & Family Welfare, Government of West Bengal, vide its notification dated 25.02.2011, created a number of posts, including 85 posts of Sub-Assistant Engineers and Assistant Engineers (Electrical and Civil), with a view to ensuring better utilization of funds under the National Rural Health Mission and allied programmes, for the purpose of construction and maintenance of health infrastructure as well as timely procurement of equipment in various hospitals under the Corporation.

f) The Notification dated 25.02.2011, issued with the c