Suhash Chandra Sen, J. - (1.) The petitioner was appointed by the Sub-Divisional Judicial Magistrate on 11th June, 1980 to perform the job of carrying Alamats from the Court Malkhana to the different courts of the Judicial Magistrates. The appointment was made on no work no pay basis and the petitioner was entitled to have a payment on Rs. 5/- daily from the date of assuming charge of his duties. There is no dispute that the petitioner is carrying on this duty since the date of assuming charge. The petitioner has claimed that he is entitled to be absorbed on a regular basis and he has drawn my attention to a circular that was issued by the Chief Secretary on 3rd August, 1979, which is Annexure 'C' to the petitioner. The petitioner has drawn my attention also to a subsequent Circular that was issued by the Government of West Bengal which has not been annexed to the petition.
(2.) In the affidavit-in-opposition that has been filed by the respondent no. 4, a point has been taken that no appointment was given to the writ petitioner as a worker and that the petitioner's work was far from satisfactory. If the petitioner's work is not satisfactory the respondents are entitled to take appropriate steps in the matter, but on the basis of the Circular the petitioner is entitled to succeed in this writ petition. He has worked for more than three years in a perennial type of work in a regular establishment. I fail to see why the circular is not applicable to the case of the petitioner.
(3.) The writ petition is disposed of by directing the respondents no. 1, 2, 3, 4 and 5 to absorb the petitioner in regular establishment in the existing vacancy and if no vacancy exists, then by creating such a vacancy and to pay all salaries, allowances and benefits to the petitioner in terms of the aforesaid circular (Annexure 'C' to the petition) or any other. Circular that may have been issued from time to time. It is also the case of the petitioner that he is entitled to be absorbed permanently with retrospective effect from the date of completion of three years of service. The respondents are directed to consider this aspect of the matter and pass an appropriate order as expeditiously as possible. The necessary orders in this case must be passed within a period of three months from the date of communication of this order. The petitioner has also taken a point that the daily rate for carrying Alamats has been increased in the meantime. The petitioner has not been paid at the enhanced rate. The respondents are directed to pay the petitioner at the increased rate from the date of enhancement of such rate.;