- (1.) LEAVE granted.
(2.) THE appellant, a statutory corpora tion, after advertisement and selection, prepared a list of selected persons for ap pointment to the post of Helpers. THE select list was valid up to 15th July, 1994. THE names of 74 writ petitioners, respon dents herein, were included in the select list but they could not be appointed during the period of validity of the select list. Respondents approached the High Court of Calcutta by filing a writ petition and the learned Single Judge inter alia held that the respondents herein had no in defeasible right of being appointed and they had only the right of being considered for appointment in the vacancies for which selection was made contingent upon the appellant filing up those vacancies. How ever, the learned Single Judge directed that the cases of the respondents should be considered for appointment if any vacan cies arose till 30-7- 91. An appeal was laid before the Division Bench and by the impugned judg ment and order dated 12-8- 98, the Division Bench inter alia directed that in the present vacancies as well as future vacancies, the candidates who were selected and empanelled shall be regularized first.
(3.) IT may be stated that the appellant proposed a Scheme for regularisation of casual employees working in Calcutta and the present respondents were also given casual employment by the appellant. The said Scheme for regularisation of all casual employees is extracted below: " (1) All the casuals irrespective of the fact that names were borne on any panel or not will be treated at par provided they have worked for 90 days as casual during the last three years. (2) Notification will be issued inviting ap plication from casual employees for the post of Helpers in Commercial, Engineering, Stores, Ground Support, Catering Canteens and Peons. (3) Age relaxation to the extent of casual employment will be given subject to a maximum age requirement of 40 years for general category, 43 years for OBC and 45 years for SC & ST as on date of the order of the Court. (4) The candidates must fulfill the educa tional qualification of having passed 8th class from a recognised institution for the post of Helpers in Commercial, Engineering, Stores, Ground Support and Peon. (5) Selections will be made by duly con stituted Selection Board as per the Recruitment and Promotion Rules of the Company. (6) Merit lists, category/cadre-wise will be prepared and the selected candidates would be offered employment against the vacancies in order of merit. (7) While making appointments, the directives of the Government with regard to reservations will be adhered to. (8) Those who cannot be appointed due to non-availability of regular vacancies would be given ex-gratia payment calculated on the basis of compensation payable under Section 25-Fof the Industrial Disputes Act, 1947. However, they will have no claim for the re-employment as casual or otherwise in future. (9) The appointment of the above men tioned empanelled casual employees, will be subject to their completing all the pre-employment formalities and on being declared medical ly fit by Medical Officer of the Company. (10) This will be a one time exercise only. ";