S.B.Sinha, J. - (1.) -This application is directed against the judgment and order dated 3.9.98 passed by the West Bengal State Administrative Tribunal whereby and whereunder the application filed by the respondent herein was allowed directing : "In the above view of the matter, the application succeeds and the impugned order dated 7.11.1997 (annexure "C") is quashed. The respondents are directed to consider the case of the applicants for absorption in the regular establishment on a permanent basis under the Department of Health and Family Welfare, Government of West Bengal within two months from the date of this order. As the petitioners have at long last been successful in their attempts to get a chance for absorption in the posts as stated above after ventilating their legitimate grievances for a number of years, it is just and desirable that they should not be debarred from being considered for appointment solely on the ground that they have crossed the age limit prescribed under the rules. The respondents are further directed to give appointment to the applicants and other eligible DDT Spray workers according to their seniority under the rules against the existing vacancies subject to, medical examination report and police verification report and in the event the vacancies are not existing at the present, the applicant, it they are not given the appointment now, shall be given appointment under the rules as and when the vacancies will arise and no outsiders will be appointed until all the applicants and other DDT Spray Workers have been given appointment. The application is, thus disposed of without any order as to costs." This application is directed against the judgment and order dated 3.9.98 passed by the West Bengal State Administrative Tribunal whereby and whereunder the application filed by the respondent herein was allowed directing : "In the above view of the matter, the application succeeds and the impugned order dated 7.11.1997 (annexure "C") is quashed. The respondents are directed to consider the case of the applicants for absorption in the regular establishment on a permanent basis under the Department of Health and Family Welfare, Government of West Bengal within two months from the date of this order. As the petitioners have at long last been successful in their attempts to get a chance for absorption in the posts as stated above after ventilating their legitimate grievances for a number of years, it is just and desirable that they should not be debarred from being considered for appointment solely on the ground that they have crossed the age limit prescribed under the rules. The respondents are further directed to give appointment to the applicants and other eligible DDT Spray workers according to their seniority under the rules against the existing vacancies subject to, medical examination report and police verification report and in the event the vacancies are not existing at the present, the applicant, it they are not given the appointment now, shall be given appointment under the rules as and when the vacancies will arise and no outsiders will be appointed until all the applicants and other DDT Spray Workers have been given appointment. The application is, thus disposed of without any order as to costs."
(2.) Mr. Bhattacharjee, learned counsel appearing on behalf of the petitioner, inter alia, submits that the judgment of the learned Tribunal cannot be sustained having regard to the fact that same is based upon mis-interpretation of the Circular letter issued by the State and in particular the Memo No. 1700-EMP dated 3rd August, 1979, the relevant clauses wherefore read thus: "4. Notwithstanding any thing contained in the recruitment policy circulars issued by the State Government from time to time, 5% of vacancies against the quota of 70% earmarked for recruitment through Employment Exchanges shall be kept reserved for absorption of those casual and such other categories of workers who are already engaged in perennial type of work and have rendered at least 240 days' service in a year but have not completed three years service as yet. 5. While filling up vacancies in the regular establishments duly qualified seasonal workers who have worked for five years or more in consecutive seasons shall be considered for appointment by the respective Employing Authorities along with the candidates sponsored by Employment Exchanges".
(3.) According to the learned counsel for the petitioner, whereas paragraph 4 of the said circular has no application in the instand case, paragraph 5 mandates that the case of the petitioner would be considered for appointment by the respective Employing Authorities along with the candidates sponsored by the Employment Exchange. The learned counsel would urge that having regard to the various decisions of the Apex Court the impugned judgment of the learned Tribunal cannot be sustained. Reliance in this connection has been placed on AIR 1976 SC 1766 (The Regional Manager v. Pawan Kumar Dubey), 1996(7) SCC 134, AIR 1972 SC 1767, AIR 1992 SC 2130 and AIR 1995 SC 962 (Dr. Arundhati Ajit Pargaonkar v. State of Maharashtra).;