IN THE HIGH COURT AT CALCUTTA CIVIL APPELLATE JURISDICTION APPELLATE SIDE Present:-

The Hon’ble Justice Madhuresh Prasad And The Hon’ble Justice Supratim Bhattacharya W.P.S.T. 172 of 2024 Hiralal Ghosh Vs.

The State of West Bengal & Ors.

For the Petitioner : Ms. Sabita Khutia (Bhunya)

For the State : Mr. Biswabrata Basu Mallick, ld. AGP, Ms. Ashmita Chakraborty Judgment on : August 1, 2025.

Madhuresh Prasad, J.:

1. The writ petitioner was the applicant before the West Bengal Administrative Tribunal (‘SAT’ for short) in O.A. No. 1324 of 2016 which has been disposed of as being devoid of merit by the SAT by its order dated 04.04.2024 which is assailed in the present writ proceedings.

2. A brief prelude is necessary for considering the issue and is thus being taken note of. The petitioner claims to be working as a temporary Spray Worker in the office of the Chief Medical Officer of Health at Medinipur since 1973 to 1974, and thereafter from 1976 to 1991, up until his regularization/ absorption against an existing vacancy in the department under Orders of the Director of Health Services, West Bengal contained in order dated 29.12.2008. Pursuant to such absorption he has joined on

16.01.2009 as a Group ‘D’ Assistant (GDA). He attained the age of superannuation, and retired on 31.01.2015. He, therefore, has been considered by the respondents to have only six years and about half a month of service as a Government employee. The department has found such service to be falling short of the requisite 10 years qualifying service for the grant of pensionary benefits. The petitioner thus is deprived of any pensionary benefits whatsoever.

3. The facts which are not in dispute are that for the purpose of absorption of such seasonal Spray Workers the Government issued a Memo No. 100- Emp dated 13.03.1996. The same contemplated an exercise to be undertaken to identify candidates who had worked for 120 days for 5 consecutive seasons. A list was to be prepared accordingly by the concerned Chief Medical Officer of Health, and to be sent to the Directorate of Health Services, West Bengal. The petitioner was claiming to be a beneficiary of such exercise since he was working as a seasonal worker for at least 120 days in the 5 consecutive seasons. It would be relevant to mention here that benefit of the 100-Emp dated 13.03.1996 was not to be extended to the seasonal Spray Workers engaged after the cut of date 31.12.1991.

4. The petitioner claimed to be a beneficiary under 100-Emp dated

13.03.1996. He thus filed an original application before the SAT. The O.A. No. 876 of 1998 filed by the petitioner along with others was disposed of on 26.09.2001, with certain directions including a direction to the CMOH concerned to identify the beneficiary in terms of the 100- Emp dated 13.03.1996 and to prepare a chart showing vacancy position in the office of the CMOH, to be sent to the Directorate of Health Services within two months’ time. It was further directed that 50 per cent of the district wise vacancies be filled up by eligible candidates in strict order of seniority, the first appointment to commence with effect from 01.01.2002. The Tribunal directed that those who have crossed 45 years age would be entitled to condonation. There were other usual conditions regarding the absorption being subject to police verification, medical test and observing reservation etc.

5. The order of the Tribunal dated 26.09.2001 in O.A. No. 876 of 1998 was challenged by the State by way of a writ petition. The W.P.S.T. No. 1282 of 2001 filed by the State was dismissed by the Division Bench of the High Court on 31.01.2009. The relevant extract of the order passed by this Court in W.P.S.T. No. 1282 of 2001 reads as follows:

“With regard to condonation of age bar also, the first Division bench considering the entire matter on this aspect held that absorption should be irrespective of the age bar.

The said judgment of the first Division Bench was passed on 13 May, 1999. The same question aga