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Judgment
19 paragraphs · 361 wordsGoutam Bhaduri, J
The challenge in the present writ petition is to the order dated 10.01.2018 (Annexure P-3) whereby the claim for regularization of the petitioner has
been rejected.
Counsel for the petitioner submits that he has produced before the authority concerned sufficient documentary proof to show that he was engaged
as a daily wage employee prior to 31.12.1997 and that he has been in continuous employment under the respondents by which he would be entitled for
the benefit of the circular dated 05.03.2008. He further submits that the circular dated 05.03.2008 has further been diluted by the State Govt.
themselves vide their circular dated 17.06.2008 wherein the requirement for regularization is only any sort of engagement prior to 31.12.1997 with 10
years of service.
Admittedly, from reading of the impugned order it appears that the respondents have considered only the circular dated 05.03.2008 and they have
not looked into the circular dated 17.06.2008 while dealing with the case of the petitioner. Moreover, the petitioner has produced before this Court
Annexure P-1 i.e. copies of the muster roll of the year 1987-88 to establish that he was engaged by the Department at one point of time. These
documents were also to be verified by the authorities concerned which do not reflect from the impugned order of having been scrutinized or verified.
Given the said facts, this Court is of the opinion that the case of the petitioner does need reconsideration so far as his claim for regularization is
concerned.
Accordingly, the writ petition stands allowed and the impugned order Annexure P-3 stands set aside. The matter stands remitted back to the
authority concerned for fresh consideration of the case of the petitioner for regularization in terms of the circular dated 05.03.2008 and the subsequent
circular dated 17.06.2008. While considering the same, the authority concerned is also expected to scrutinize and verify the documents which the
petitioner has produced so far as the copies of the muster roll etc. are concerned. Let a fresh decision be taken by the authority concerned within a
period of 4 months from the date of receipt of copy of this order.