SANKAR LASKAR Vs. UNION OF INDIA
HIGH COURT TRIPURA
UNION OF INDIA
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(1.) By means of this writ petition, the petitioner has urged this court for directing the respondents to frame a scheme for regularization so that the service of the petitioner can be regularized in the post of helper/peon under the respondents. Further, the petitioner has urged for directing the respondents to re-engage the petitioner in the post of helper/peon and to allow him continue in the engagement till his regularization in the post of helper/peon is made.
(2.) The petitioner had been serving under the respondents since 1989 as casual helper/peon. From a letter dated 24.03.1996, Annexure-1 to the writ petition , it surfaces that Station Manager, Indian Airlines Ltd. furnished a list of causal workers, working at Agartala station, for absorption. In the said list, the name of the petitioner figures at serial no.2. Even by a letter dated 16.04.2002 Annexure-2 to the writ petition , details of casual/daily rated/contractual employees were forwarded to the General Manager (Personnel), Indian Air lines Ltd., East Region, Kolkata. Further, by a letter dated 10.11.2004, the names of the casual workers were sent to the General Manager (Finance) India Airlines, Eastern Region. But the said letter is related to grant of bonus. The petitioner has further averred that it would be apparent from the communication dated 25.08.2005 (Annexure-4 to the writ petition) that his year of engagement i.e. 1989 has not been disputed by the respondents. Reference has been made in the writ petition to an intra-office communication dated 30.08.2006 in respect of regularization of the petitioner.
(3.) Having considered the relevance of the letter dated 30.08.3006 as issued by the office of the General Manager (Personnel) for regularization of services of the casual worker, the text of the said letter is reproduced hereunder:
'Please refer to your letter No. HPD01/H-3001 dated 24/08/2006 on the above subject.
We would like to inform you that Shri Sankar Laskar is being engaged as casual helper in City Booking office at Agartala from 1989. It has been observed from the records that upto the 2000, he was being engaged intermittently as and when required. But from 2001 he is being engaged at the CBO. Agartala (which functions on all days in the week) more or less on all days in the year either as casual peon, helper or generator operator.
Regarding appeal of Shri Laskar for permanent absorption in IAL, we would like to inform you that on lifting the ban on outside recruitment, as and when vacancies will be released by Hqrs, to carry out exercise to the post of helpers, peons, etc for Agartala, his case will be considered along with other eligible persons subject to his fulfilling the eligibility criteria for such persons as per R and P Regulations.' ;
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