SARAMA DAS & ORS. Vs. THE SUPERINTENDENT SUB-DIVISIONAL HOSPITAL & ORS.
LAWS(CAL)-1996-5-18
HIGH COURT OF CALCUTTA
Decided on May 24,1996

Sarama Das And Ors. Appellant
VERSUS
The Superintendent Sub -Divisional Hospital And Ors. Respondents

JUDGEMENT

S.B. Sinha, J. - (1.) This appeal arises out of a judgement and order dated 4.8.87 passed by U.C. Banerjee. J. in CO. No. 2719(W) of 1987 whereby and whereunder the said learned Judge allowed the writ application filed by the writ petitioners in part. The writ petition was filed by 16 persons claiming, inter alia, that they were appointed as casual workers in Group - D post at Durgapur Sub -Divisional Government Hospital, Bidhan Nagar since 1977, and had been continuously discharging their services and thus, pursuant to or in furtherance of the circular letters issued by the State of West Bengal dated 3.8.79 and 4.1.84, their services were bound to be regularised.
(2.) It appears that of the disposed of the writ application, a contempt petition was also filed. Before the learned trial Judge, a chart was produced,. which is at page 58 of the paper book and in view of the statements, made therein to the effect that 6 out of 16 writ petitioners completed 240 days of continuous service, the learned, trial Judge without assigning any reason whatsoever, has allowed the writ application in relation to those writ petitioners. Other 10 writ petitioners, being aggrieved by and dissatisfied with the said judgment and order preferred this appeal.
(3.) ti appears from a supplementary affidavit filed on behalf of the appellants that a Division Bench of this court by an order dated 21.11.88 upon taking into consideration the fact that no affidavit in opposition had been filed denying the contention to the effect that the writ petitioners had been in employment for several years gave certain directions which is in the following terms: (i)The petitioners - shall be offered employment and continued to be employed unless the cessation of employment is for valid reasons and in accordance with law. (2) No person junior to the petitioners shall be employed in preference to them under any circumstances whatsoever. (3) The aforesaid order shall come into effect immediately upon service of a certified copy thereof upon the concerned respondents; the registry shall make the certified copy available to the petitioners upon payment of urgent charges within a week of the application therefor.;


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