R.Tarakeshwar Rao And ANR v. The Lieutenant Governor And ORS
IN THE HIGH COURT AT CALCUTTA
[ CIRCUIT BENCH AT PORT BLAIR ] ...
WPA/789/2023 Shri R. Tarakeshwar Rao and Anr. ... Petitioners Vs.
The Lieutenant Governor and Ors. ... Respondents Mrs. Anjili Nag ...for the Petitioners Mr. Shatadru Chakraborty Mr. Dibesh Dwivedi ...for the Respondents July 25, 2023 (M.A.Mobin) Item No.12 The present writ petition has been filed, inter alia, praying for a direction upon the respondents to regularize the service of the writ petitioners in the post of Work Charge Mazdoors from the date when the juniors of the writ petitioners were regularized by maintaining their seniority. The petitioners claim to be working under Port Blair Municipal Council as unskilled Daily Rated Mazdoors and were appointed sometimes in the year 1999 along with 24 other persons after they were successful in a selection process.
It is the petitioners' case that on 30th April, 2007 the respondents had published a final common seniority list of Daily Rated Mazdoors, wherein the name of the petitioner no.1 appeared at serial No.158, while that of the petitioner no.2 appeared at serial No.193.
The petitioners claim that they had been falsely implicated in criminal case and on the basis thereof, on 29th August, 2008, the petitioners were terminated by the respondents.
According to the petitioners, on or about 4th August, 2009 the petitioners were reappointed as unskilled Daily Rated Mazdoors and it was specifically mentioned in such re-appointment order that the seniority of the writ petitioners shall be determined on the completion of the criminal proceedings. It is the petitioners' case that the aforesaid criminal proceedings initiated against the petitioners ultimately, culminated in an order of acquittal and the petitioners were discharged from the bail bonds and were set at liberty.
According to the petitioners, by an order No.113 dated 24th February, 2015 the respondents have purported to regularize the services of the other Mazdoors who are much junior to that of the petitioners.
Ms.
Nag, learned Advocate representing the petitioners submits that the petitioners are entitled to be regularized and are placed on the same footing with those persons whose services have since, been regularized. It is submitted that notwithstanding the petitioners making a representation before the authorities no steps have been taken by them. She submits that the petitioners are being discriminated against and the aforesaid action on the part
of the respondents tantamount to violation of Article 14 of the Constitution of India.
Per contra Mr. Chakraborty, learned Advocate representing the respondents denies and disputes the submission made by the petitioners.
Heard the learned Advocates appearing for the respective parties and considered the materials on record. Taking into consideration the fact that the petitioners have been appointed as unskilled Mazdoors by a selection process and further taking into consideration the statement made by the petitioners that similarly placed Mazdoors who are juniors to that of the petitioners have been absorbed by the respondents by way of regularization, I am of the view that the respondents should consider the representation made by the petitioners on 3rd December, 2020 which has been annexed as Annexure P-9 to the present writ petition. I, however, make it clear that I have not gone into the merits of the case and it shall be open to the respondents to take appropriate decision on the representation made by the petitioners after giving an opportunity of hearing and by passing a reasoned order. Let such decision be taken within a period of 10 weeks from the date of communication of this order.
Since, no affidavit-in-opposition has been called for the allegations made in the writ petition are deemed not to have been admitted by the respondents.
With the aforesaid observation and direction the writ petition is disposed of.
There shall be no order as to costs.
All parties are directed to act on the basis of a server copy of this order duly downloaded from the official website, without insisting for a certified copy thereof. (Raja Basu Chowdhury, J.)