- (1.) Heard counsel for the parties.
(2.) The petitioner in this writ application has prayed for issuance of direction to the concerned authorities of the Respondents for conversion/regularization of the petitioner from the post of Store Boy/Store Mazdoor (T.R. Category) to Assistant Store Keeper (MR. Category Grade-II).
(3.) The grounds of the petitioner's claim is that, though the petitioner was appointed on compassionate ground as a General Mazdoor, but he was authorized by authorization letter issued by the Manager of the concerned Colliery (Annexure-5), to work in the stores of the Colliery. The further ground of the petitioner is that the other employees including one C.P. Sengupta and Amp Rawani, who were also performing jobs under the T.R. Category, were given regularization/conversion to the MR. Category Grade-II, but the petitioner's claim has not been conceded as yet. Learned counsel for the petitioner refers to the order passed by this Court dated 24.08.2005, in earlier writ application whereby, on considering the petitioner's claim for the same reliefs, this Court had directed the concerned authorities of the Respondents to consider the case of the petitioner and to give him equal treatment as given to the other similarly situated co-employees. In support of his grounds, learned Counsel would also refer to a judgment of the Kolkata High Court passed in the case of Bhabani Ghosh and Ors. v. C.I.L. and Ors. vide W.P. No. 365 (w) of 2004 and explains that the writ petitioner- Bhabani Ghosh was also initially appointed on compassionate ground as a Mazdoor, but when the concerned authorities of the Respondent-C.I.L. had refused to consider her claim for regularization as Hindi Typist, she had filed a writ petition in which, after considering her case, the Kolkata High Court had directed the Respondent authorities to consider her case for regularization and take an appropriate decision thereon in accordance with law.;