Subrata Talukdar, J. - (1.) The short point in this application relates to whether the petitioners are entitled to the same consideration by the respondents/University of Kalyani acting under instructions of the respondents/Department of Higher Education, Government of West Bengal (for short the State-respondents) as has been granted to the petitioners in WP No. 9320(W) of 2001 (for short WP-I).
(2.) It is relevant to place on record the terms of the order dated 14th March, 2013 of a Hon'ble Single Bench, inter alia, directing as follows:- "Heard the learned Counsel appearing for the parties. It appears that the writ petitioners are working as canteen workers for last twenty years, which is undisputed. It is also undisputed that similarly situated co-workers are regularized but these petitioners were not given regularization for the reasons best known to the respondent authorities. In that vies of the matter, the Secretary, Higher Education Department, Government of West Bengal, is directed to consider the case of the writ petitioners with sympathy and also taking note of the fact that the writ petitioners are working as canteen workers for the last twenty years. However, it appears that in similar such cases regularization was allowed which was affirmed by this Court as well as the Hon'ble Apex Corut. Therefore, the Concerned Secretary, Higher Education Department, Government of West Bengal is to take a decision favourable to the writ petitioners, in the special facts and the circumstances of this case. The concerned Secretary is directed to decide the matter within a period of eight weeks from the date of communication of the order. The concerned Secretary is also directed to give an opportunity of hearing to the writ petitioners or their representatives and also allow them to produce relevant records, rules and/or judgments in their favour if any and the University Authority should also be given an opportunity of hearing at the time of taking a decision. The writ petition is disposed of."
(3.) Acting in compliance of the order dated 14th March, 2013 the Secretary, Higher Education Department, Government of West Bengal, inter alia, arrived at the following findings:- "it is submitted by the Registrar of the University that as on 29.09.1995, i.e. at the time of issuance of order of engagement of the petitioners there were 59 regular employees and 12 contingent employees in the University. It is further stated that 43 Hostel/Mess employees instituted Writ petitions before the Hon'ble Calcutta High Court and Hon'ble Supreme Court of India and they were granted the status of University's employees' w.e.f. 12.07.1991. Later 27 more mess workers moved similar applications before the Hon'ble High Court as per which the Registrar of the university passed a Reasoned Order as per direction of the Hon'ble High Court and accept and extended the same benefit to 43 mess workers. Thus, taken together, severy (43+27) mess employees have been granted to status of employees of the University. There were four other employees who did not file any court case but were conferred the same benefit in this way. In determining the strength of regular employees in the hostel of the University the provisions of Section 3 of the West Bengal Unviersity (control of expenditure) Act, 1976 and the provisions of the Government Order vide No. 1583-Edn (U) dated 19.10.1981 would apply. In a judgment in Civil Appeal No. 3593-3612 of 1999 dated 10.04.2006, the Hon'ble Apex Court has taken care of 'irregular (not illegal) appointments' in para 44 of their Judgment and directed the authorities concerned to consider regularization of those casual/temporary employees who were appointed against a permanent sanctioned vacancy and continue to work therein for a period of at least 10 years without the intervention of orders of courts or tribunal. Thus, in light of this judgment there is scope for considering regularization of the petitioners provided the University authority has an equal number of approved/sanctioned vacant posts. The Registrar, Kalyani University has informed that as per G.O. No. 1583-Edn (U) dated 19.10.1981; the sanctioned strength of mess workers is fifty nine, of which 16 posts are presently vacant. Since, the Hon'ble High Court has directed the undersigned to take a decision favorable to the petitioners and considering the peculiar circumstances of the case, and in light of the Hon'ble Supreme Court's above mentioned judgment, it is hereby held that the employment of the petitioners be regularized against the vacant posts sanctioned in terms of Government order no. 1583-Edn (U) dated 19.10.1981, with effect from the date of issue of this order. The case is accordingly disposed of in compliance with the Hon'ble High Court's order dated 14.03.2012 passed by Hon'ble Justice Ashoke Kumar Dasadhikary. All concerned are ebing informed accordingly.";