Harish Tandon, J. - (1.) Though the challenge is made to a Memo No. 79(19)/DLB/B-112/13-2013 dated 20th January, 2014 by which the representation filed by the petitioners stands rejected but essentially the petitioner has filed the instant writ petition for regularization and absorption of their services in the sanctioned vacant posts.
(2.) The facts involved in the instant writ petition are that the petitioners were appointed as casual workers against the sanctioned vacant posts and rendering such services uninterruptedly and continuously since the year 1995. The aforesaid appointments were made by the Gushkara Municipality to meet exigencies and for smooth functioning and running of the municipal duties and functions. Prior to the appointment of the petitioner a meeting of the municipality was held on 4th May, 1988 resolving that in order to discharge the functions and the responsibilities so entrusted, 27 posts are required and such proposal was sent to the State Government for according sanction. Some of the casual workers approached this Court by filing a writ petition by C.O 1212(W) of 1994 claiming reliefs for absorption in permanent employment, which was disposed of on 18th January, 1994 directing the Chairman to consider such representation by passing a reasoned order. In pursuance thereof 18 persons were appointed in different sanctioned posts although the approval was accorded for creation of 7 posts. Since the petitioner's claims were entertained by the authorities a further representation was made on the basis of the several memos issued by the Govt. of West Bengal in relation to the casual and/or daily rated workers, the petitioner moved another writ petition being WP 26102(W) of 2013 before this Court.
(3.) While disposing of the said writ petition, this Court noticed the judgment of the Constitution Bench rendered in case of Secretary, State of Karnataka & Ors. Vs- Umadevi (3) & Ors., 2006 4 SCC 1 and State of Karnataka & Ors. Vs- M.L. Keshri & Ors., 2010 AIR(SC) 2587 and permitted the petitioners to file comprehensive representation before the Director of Local Bodies, Govt. of West Bengal, Municipal Affairs Department within 2 weeks from date and the said authority was directed to consider the said representation within 4 weeks after giving an opportunity of hearing to the petitioners. In terms of the liberty granted to the petitioners, a comprehensive representation was filed before the said representation and the impugned order is resultant of such liberty.;