Debasish Roy vs Damodar Valley Corporation & Ors

Heard counsel for the parties.

Delay condoned.

These petitions essentially emanate from the contempt proceedings initiated by the petitioner(s). The learned Single Judge of the High Court of Judicature at Calcutta in Writ Petition No.22988 (W) of 2010 vide order dated 28.08.2014 disposed of the writ petition in the following terms :

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"I dispose of the writ petition by directing that if any permanent vacancy arises in future or if the respondent decide to absorb any casual employee from the panel they shall not do it without considering the cases of the empanelled candidates according to the rank in the panel.

The writ petition is disposed of. There shall be no order as to costs."

The petitioner(s) are relying on cases of candidates at Sl.No.94 (Kirti Madhab Kundu) and Sl. No.104 (Dilip Pradhan), which according to the petitioner(s) have been given precedence and already appointed/absorbed by the Damodar Valley Corporation (for short, 'the Corporation'). After perusing the appointment letters of those candidates, it is obvious that their appointment was made prior to the High Court's order dated 28.08.2014. In that sense, this circumstance cannot be taken into account to hold against the Corporation for having committed contempt of Court.

At the same time, the Corporation is obliged to comply with the observations of the learned Single Judge, reproduced above, which presupposes that as and when permanent vacancy "arises" in future, the same be filled in by absorbing casual employees as per the list of candidates (Annexure R-7 to the paper-book) in seriatum. If vacancies are already available, which means that permanent vacancy has arisen and yet the petitioner(s) are continually employed as casual employees, the Corporation is obliged to absorb the concerned eligible candidate as per seniority in the said list.

We are inclined to say so because this Court on November 23, 2015, in Civil Appeal No.13766 of 2015 titled 'Murli Gope And Ors. Vs. Damodar Valley Corporation And Ors.', had issued directions to the Corporation to regularize the casual canteen workers. Applying the same principle, the Corporation must comply with the direction(s) given by the High Court, referred to above, in right earnest in the same manner.

The special leave petition(s) and pending applications are accordingly disposed of.