Koushik Mukherjee vs West Bengal Transport ...
2022 Latest Caselaw 2493 Cal

    10                    IN THE HIGH COURT AT CALCUTTA
02.05.2022               CONSTITUTIONAL WRIT JURISDICTION
  sb
   Ct 23                         APPELLATE SIDE
                                     WPA 2988 of 2022
                                 Koushik Mukherjee
                                         Vs.
                   West Bengal Transport Corporation Limited & Ors.

                          Mr. Upendra Roy,
                          Mr. Kanchan Roy
                                     .... For the petitioner.

                          Ms. Deblina Chattaraj
                                     ... For WBTC.

                          Mr. Md. Mansoor Alam
                                    ... For the State.

                   The    petitioner     was     given    compassionate

             appointment in Calcutta Tramways Company (1978)

             Limited,    now    known   as     West   Bengal    Transport

             Corporation Limited (in short, WBTC). The petitioner

             says that certain other employees who had joined with

             the   petitioner   on    contractual     basis    have   been

             regularized but for reasons unknown, the petitioner

             has not been regularized. The petitioner with such

             grievances has approached this Court.


                   A report in the form of an affidavit was directed

             to be filed by WBTC. In the said report WBTC has

             taken a point that the petitioner's performance was not

             up to the mark for being regularized and that the

             petitioner is estopped from claiming regularization. The

             petitioner has filed an exception to the report filed on

             behalf of WBTC in the form of an affidavit.
                               2




      After hearing parties and considering the writ

petition, the report and the exception thereto, I find

that the petitioner is seeking regularization of his

service. The Hon'ble Supreme Court in a judgment

reported in (2020) 10 SCC 496 (State of Madhya

Pradesh and Others vs. Amit Shrivas) has made a

distinction between permanent employee and a regular

employee. The issue of regularization has also fallen for

consideration in the judgment reported in (2006) 4

SCC 1 (Secretary, State of Karnataka vs. Umadevi

and Others).


      Taking into account the ratio laid down in the

aforesaid judgments vis-à-vis the facts of the case as

made out in the writ petition, the report in the form of

an affidavit and exception, the matter requires further

scrutiny which is possible only after affording the

respondents an opportunity to file their affidavits

dealing with the allegations contained in the writ

petition. It is, however, made clear that an opportunity

to file affidavit-in-opposition after filing of the exception

by the petitioner to the report filed on behalf of WBTC

will not take away any admission already made in the

report.

Affidavit-in-opposition to be filed by 10th June,

2022. Reply, if any, thereto by 24th June, 2022.

Liberty to mention after completion of affidavits.

(Arindam Mukherjee, J.)