LIEUTENANT GOVERNOR Vs. P. KATHIRESAN
HIGH COURT OF CALCUTTA
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HARISH TANDON,J. -
(1.)The present writ petition is taken up against the order passed by the Central Administrative Tribunal, Kolkatta branch in O.A. No. 133/AN/2016 whereby and whereunder the appellants authorities were directed to regularize the services of the private respondent with effect from 25th September, 1996 in the group D post which has been re- designated as Multi Tasking Staff after implementation of 6th Central Pay Commission within one month of from the date of the receipt of the said order.
(2.)The facts which emerged from the writ petition that the private respondent was appointed as daily rated mazdoor by the Principal, District Institute of Education and Training (DIET), Garacharma, Port Blair, South Andaman for discharging the duties of the Chowkidar. The services of the petitioner was availed for nearly sixteen years until 29th February, 2012. After the break of brief period the petitioner was taken back into the service by virtue of an order No. 1160 dated 13/03/2012 initially for the period of one months and eleven days and ultimately on and from 11/04/2012 the private respondent was illegally terminated from service. The appointment orders though indicated that the private respondent was employed as part time worker but was allowed to render full services and in fact he worked for more than twelve hours in a day which is evident from the orders issued to the private respondent.
(3.)It is stated by the private respondent that even the Director of Education vide circular dated 05th October, 2006 open the service book and all others formalities were also performed by the appellant authorities which would suggest that the private respondent was in fact employed against the sanctioned post and continued to work for more than sixteen years uninterruptedly. It is further stated that the earned leave for thirty five days was also given to the private respondent and in some occasions such earned leave availed by the private respondent was regularized and was treated as paid leave.
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