Sambuddha Chakrabarti, J. - (1.) The short question that falls for consideration in the writ petition is whether the petitioners who have been working as contingent employees of the Inland Waterways Authority of India (the Authority, for short), are entitled to appear at the selection process upon relaxation of the upper age limit.
(2.) The case of the petitioners in short is that they are employed under Inland Waterways Authority of India in various jobs which are perennial in nature. Their respective jobs involved navigating and running of vessels, carrying cargo through rivers, channels, harbors, esteraries and even sea. Although the petitioners are continuing as contingent employees, they have been variously serving the Authority between 7 and 15 years. They are also on the pay role of the Authority and were extended the benefits of the 6th and 7th Pay Commission. From this the petitioners claim that they should be regularized and made permanent in their respective posts.
(3.) The petitioners have come to learn that the Authority by a notice, dated October 16, 2017 has invited applications for filling up vacancies for certain posts. The petitioners through their union had earlier requested the Chairperson of the Authority to regularize them as the vacancy had been announced. The stand of the Authority was that it could not consider regularization because of non-availability of the sanctioned posts. Now that new vacancies have been created the petitioners who have applied for the said posts should not only be allowed to compete but the age restriction should also be waived for the recruitment. They also claim weightage.;