Amitava Lala, J. - (1.) This writ petition is made by the petitioner claiming to be the Panchayat Peon-cum-Night Guard, i.e., Group 'D' employee of a Gram Panchayat. He was given an appointment on the basis of the need of the concerned Gram Panchayat on and from 16.11.90 at a monthly salary of Rs. 150/-. He is continuously working in the post as Panchayat Karmee temporarily till this date. The petitioner is entitled for regularisation of his service in view of G.O. No. 5276 (500/PM/0/11/2A-17/94 dated 1.12.97. The petitioner approached the concerned respondents for the purpose of regularisation of service but all are in vain. It is also significant to note that the post of Panchayat Karmee of the concerned Gram Panchayat is declared vacant. As a result whereof he legitimately expects that his service, particularly in view of the circular, will be regularised.
(2.) It is significant to note that at the present moment there is no post of Night Guard Peon or Chowkidar or Dafadar. All posts are merged under one category of Group 'D' employees, i.e. Gram Panchayat Karmee. Therefore, there is a genuine cause of the petitioner for the purpose of regularisation of service. It is significant to note that his name is also in the role of concerned Zilla Parishad and Panchayat Samity in the category of the employees who are irregularly appointed prior to 1991 but continuing with the service. Even by a cursory look to the Annexure P-1 Page 16 of the petition it can be seen that concerned Panchayat accepted that the petitioner worked for more than 240 days. Therefore, the petitioner has a genuine case of regularisation of service. That apart, several circulars even prior and after the coming of the Act of the year 1999, i.e., the West Bengal Regulation of Recruitment in State Government Establishments and establishments of Public Undertakings. Statutory Bodies, Government Companies and Local Authorities Act, 1999 there is no change of policy of the Government in regularising the service of the respective candidates. The petitioner has also placed memo No. 5262/(34)/PN/O/Sale - 312-17/94 dated 10.11.2000 which is one of the reflections of such policy issued by the appropriate authority of the State. That apart even after the Act came into force as per the pleasure of the Governor, the regularisation of the service has been taken into account by the Government for the purpose of due regularisation.
(3.) The respondents' plea is that other than Panchayat Karmee no other post can be regularised and the service of Panchayat Karmee is an erstwhile Dafadar and Chowkidar. I am not agreeable with such contention of learned Counsel appearing for the respondents. From the nomenclature of the post it appears that he actually rendered service either as Dafadar or as Chowkidar, whether his nomenclature in the service is correct or not, a poor and uneducated person may not understand. That apart, even the appointing authority in the year 1997 regularised the post as Peon/Night Guard against which the petitioner worked in the post of Peon-cum-Night Guard. The intention of the legislature is to bring all the categories of service given previously in the irregular manner under one umbrella, i.e. Panchayat Karmee, Dafadars and Chowkidars are common nomenclature. But since the petitioner has worked for a considerable period and his service is similar to such post which appears to be perennial in nature, it cannot be avoided from consideration for regularisation only on a plea that instead of Dafadar or Chowkidar, nomenclature of such service is Peon-cum-Night Guard.;