Calcutta High Court (Appellete Side)
Radhu Roy vs The State Of West Bengal & Ors on 9 July, 2021
02
09.07.2021
.
d.p.
W.P.A 8295 of 2020
(Via Video Conference)
Radhu Roy
-versus
The State of West Bengal & Ors.
Mr. S.S. Arefin.
...For the Petitioner.
Mr. Manish Sen.
...For the College Authority.
The petitioner claims to be appointed as Group-D
staff in the year 1998 as peon of the Maharajadhiraj
Uday Chand Women's College.
The petitioner has annexed a certificate issued by
the College dated 24th November, 2014 which mentions
that the petitioner was engaged by the College on daily
wage basis on 1st December, 2007 as temporary staff
and he serves the College on fixed wage basis.
The petitioner applied before the College for
regularization of his service as Group-D staff.
The petitioner relies upon Memoranda nos.2966-
F(P) dated 23rd April, 2010 and 11794-F(P) dated 22nd
December, 2010 both issued by the Finance
Department, Audit Branch, Government of West Bengal
by which the Government allowed the casual, daily-
rated workers engaged in various departments of the
Government for more than ten years and for at least
240 days each year certain financial benefits.
The petitioner submits that he will be entitled to
the financial benefits as mentioned in the aforesaid
memoranda.
The petitioner also relies upon the judgment
delivered by the Hon'ble Supreme Court in the case of
State of Karnataka vs. Uma Devi reported in AIR 2006
SC 1806.
The learned advocate appearing for the College
authority submits that the petitioner is a casual staff of
the College and he is being paid from the College fund
on regular basis. The post in which the petitioner is
working is not a sanctioned post. There are several
such Group-D staff in the College.
It has been submitted that the memoranda relied
upon by the petitioner will not be applicable in the
instant case inasmuch as the said memoranda are in
respect of the casual/daily-rated/contractual workers
of the Government establishments.
It has also been submitted that the Institution
where the petitioner is serving is not a Government
establishment but it is a Government Aided College and
the petitioner is being paid from the College fund. It has
further been submitted that there is no threat to the
service of the petitioner at present and he will be
allowed to work in the College.
In view of the submission made hereinabove, I
am of the opinion that the memoranda relied upon by
the petitioner will not be applicable in respect of the
staff of Government Aided colleges. The petitioner is
working in a non-sanctioned post of the College. He is
being paid on regular basis from the College fund.
There is no dispute with his engagement.
In view of the above, no relief can be granted to
the petitioner in the instant case.
WPA 8295 of 2020 stands dismissed.
Urgent photostat certified copy of this order, if
applied for, be given to the parties on completion of
usual formalities.
( Amrita Sinha, J.)
