Case Note & Summary
The appellant, Om Prakash Banerjee, was appointed as a casual worker by the Municipality (Respondent No. 3) on 18.04.1991 on a daily wage of Rs. 25. He had previously worked as an enumerator in the Census of 1981 and 1991. On 14.06.1996, he was appointed on probation for 6 months on a consolidated pay of Rs. 1000 per month. On 22.01.1997, the Director of Local Bodies, West Bengal, issued a letter stating that casual workers engaged up to 31.12.1991 and continuing as such would be eligible for absorption against sanctioned and vacant Group C and D posts. However, absorption did not occur. In 1999, the appellant along with 16 other casual workers filed Writ Petition No. 19555 (W) of 1999 before the Calcutta High Court seeking a writ of mandamus to regularise/absorb them in permanent vacancies. On 09.03.2000, the Municipality issued an office order appointing the appellant as a Clerk in the dispatch section in the scale of Rs. 3350-6325 with retrospective effect from February 2000. On 20.06.2000, the High Court dismissed the writ petition, noting that the petitioners had been absorbed in permanent vacancies and granted regular scale of pay from the date of absorption, and they were not entitled to regular scale with back date. The appellant subsequently wrote several letters and reminders for consideration of his eligibility and gradation list for absorption under the exempted category, but to no avail. On 15.12.2003, 60 employees including 4 writ petitioners from the earlier petition were absorbed. The appellant filed a fresh writ petition in 2017 seeking regularisation of service, which was dismissed by the Single Judge on 04.05.2018. The Division Bench dismissed the appeal on 10.12.2019. The Supreme Court granted leave and dismissed the appeal, holding that the appellant had already been absorbed and granted regular scale of pay, and there was no further right to claim regularisation from an earlier date. The Court found no merit in the appeal and upheld the High Court's decision.
Headnote
A) Service Law - Regularisation - Casual Worker - Absorption - The appellant, a casual worker appointed in 1991, was absorbed as a clerk in 2000 with retrospective effect from February 2000. The High Court dismissed his earlier writ petition seeking regularisation from the date of initial engagement. The Supreme Court held that the appellant had already been absorbed and granted regular scale of pay, and there was no further right to claim regularisation from an earlier date. (Paras 2-6)
Issue of Consideration
Whether the appellant, a casual worker who was subsequently absorbed as a clerk, is entitled to regularisation of service from the date of initial engagement as a casual worker.
Final Decision
The Supreme Court dismissed the appeal, holding that the appellant had already been absorbed as a clerk with regular scale of pay from February 2000, and there was no merit in the claim for regularisation from an earlier date. The judgment of the High Court was upheld.
Law Points
- Regularisation of service
- Casual worker
- Absorption
- Daily wage
- Writ of mandamus
- Laches
- Delay
