Calcutta High Court (Appellete Side)
Madhumita Dutta & Ors vs State Of West Bengal & Ors on 20 September, 2023
20.09.2023
Item No.28
gd/ssd
WPA 7060 OF 2020
MADHUMITA DUTTA & ORS.
VS
STATE OF WEST BENGAL & ORS.
Mr. Shuvro Prokash Lahiri,
Mr. R. Naskar,
Ms. Tithi Mazumder
..for the Petitioners.
Mr. Aloke Kr. Ghosh,
Mr. Subhrangsu Panda
..for KMC.
Ms. Koyeli Bhattacharyya
..for W.B. Municipal Service Commission.
Pursuant to the earlier direction by this Court,
the affidavit-in-opposition has been filed by the
Municipal Service Commission, which is taken on
record.
The petitioners are claiming that they have
been engaged as Laboratory Technicians under
Kolkata Municipal Corporation. The petitioners claim
that they have been rendering services for long
period of time.
This writ petition has been filed praying for
absorption and/or regularization of their
engagements to the post of Laboratory Technicians
with effect from their respective date of joining.
Mr. Ghosh, learned Advocate representing the
Kolkata Municipal Corporation submits that a
similar issue was raised by similarly situated
Laboratory Technicians and such issue has been
decided by a judgment and order dated 21.06.2023
passed by the Hon'ble Division Bench in MAT 163 of
2021 in the case of Kausik Ghosh and ors. v. State of
West Bengal and ors.
It would be relevant to take note of the
observations made by the Hon'ble Division Bench at
paragraphs 38 and 39 of the said judgment and the
same are extracted hereinafter:
" 38. It is true that the in view of the present
law of the land, we cannot direct KMC to
regularize the services of the appellants but
the inhumane attitude of the MKC should be
deprecated. They have appointed temporary
workers on contractual basis not only beyond
the prescribed recruitment rules but also
against the relevant direction of the Hon'ble
Supreme Court. From the records it
transpires that the appellants have been
performing their duties satisfactorily and,
therefore, in my view the KMC should take
the responsibility for such irregular
appointment of the appellants beyond the
prescribed recruitment rules and direction of
the Hon'ble Supreme Court.
39. The Learned Single Judge was not
properly assisted from this angle of the case
and the Learned Singe Judge has failed to
appreciate the injustice caused to the
appellants due to sheer incompetence of the
KMC authorities. Moreover, a cursory glance
over the relevant advertisement no, 14/2020
will further fortify this conclusion since it
shows that though age relaxation for the post
of Medical Officer (General) was allowed for the
Medical Officers who have served on
contractual basis under KMC, no such
corresponding age relaxation was provided for
the laboratory technician who were already on
contractual services in the KMC. Therefore, the
injustice to and discrimination against the
appellants are glaring and palpable. It is
expected that a Court of law should not allow
the KMC, a model employer, to become an
unscrupulous employer. There is no reason for
not extending the social security schemes to
the appellants who are performing their duties
satisfactorily at a lesser pay. We cannot shut
out eyes to the services rendered by the
persons like the appellants during Covid-19
and other emergent situations."
After making the aforesaid observations and
taking into consideration the present law of the land
the Hon'ble Division Bench held that the prayer for
regularization of the services of the appellants
therein cannot be allowed. The Hon'be Division
Bench further directed that the present services of
the appellants therein on contractual basis cannot be
terminated till the age of 60 years respectively
without formulating some reasonable social security
scheme/beneficial scheme etc for their benefit.
The writ petitioners are similarly situated as
the appellants in Kausik Ghosh (supra). Therefore,
the aforesaid decision shall squarely apply to the
case of the petitioners.
Taking note of the directions passed in the
case of Kausik Ghosh (supra), this writ petition is
disposed of in the light of the observations and
directions passed in the said appeal.
The writ petition, accordingly, stands disposed
of.
There will not order as to costs.
Urgent certified copy of this order, if applied
for, be given to the learned advocates for the parties on
usual formalities.
(HIRANMAY BHATTACHARYYA, J.)
