Smt. Zubaida Hussain And ORS. v. The Union Of India And ORS.

IN THE HIGH COURT AT CALCUTTA

[ CIRCUIT BENCH AT PORT BLAIR *** WP.CT/62/2023 Smt Zubaida Hussain and others Vs.

Union of India and others Mr. Aniruddha Datta Ms. S.Gloria Mary ... for the petitioners Mr,Shatadru Chakraborty Mr. Dibesh Dwivedi ... for the respondents November 23, 2023 [SR] Item No.4 1.

The writ petition is directed against an order passed by the Central Administrative Tribunal on 8th September, 2023 in OA/351/01080/2019/AN in which the prayer of the petitioner for regularisation of their service and to provide financial benefits to them was declined by the Tribunal. Hence this writ petition.

2.

It appears that the petitioners worked as Staff Nurse and the Midwifery since 2006 on an adhoc basis. Their grievance was that in absence of recruitment rules being framed by the UT, they did not have the opportunity to participate in any recruitment process and the respondent authorities cannot continue with the employment on anadhoc basis although there are vacancies.

3.

The petitioners alleged that in the process the petitioners are being deprived of the regular service and the authorities cannot continue with this unfair labour practice.

4.

The petitioners have tried to apply the principle in Uma Devi and M.L.Kesari to seek a relief for consideration of their case of regularisation not on the basis of putting ten years continuous service with a cutoff date as 10.04.2006 and its subsequent extension in M.L.kesari (supra) but the spirit of the order , according to the learned counsel for the petitioner, mandate the state to act fairly and not to deprive the petitioner of their legitimate expectation for seeking an appointment.

5.

Although we may have sympathy for the petitioners, for not being appointed since 2006 although they have requisite qualification, the facts remain that the appointments are on adhoc basis and it does not create any equity in favour of the petitioners to claim regular employment which is only permissible through a proper recruitment process.

6.

Mr.Shatadru Chakraborty, learned counsel for the respondents has submitted that taking into consideration the plight of the person similarly placed, the Administration gave an assurance and undertaking in the affidavit before the Hon'ble Supreme Court in Civil Appeal No.5014 of 2023 (Admiral D K Johi, the Hon'ble Lieutenant Governor, Andaman and Nicobar Islands and another vs. Andaman Sarvajanik Nirman Vibhag Mazdoor Sangh and another) dated 14th August, 2023 to the effect that they shall formulate a scheme of regularisation of casual employees in

the UT and shall abide all the undertakings given in the said SLP by 30.11.2023.

7.

The only relief that we can grant at this stage is by permitting the petitioners to apply under the scheme to be formulated by the administration on or before 30th November, 2023 or on any subsequent date and in the event such application is filed, the past service of the petitioners and their nature of the employment and continuing in service on adhoc basis shall be taken into consideration in deciding their case for regularization. 8.

The writ petition is accordingly disposed of with the aforesaid direction. However, there shall be no order as to cost.

9.

Urgent certified photostat copy of this order, if applied for, be supplied to the parties, upon compliance of usual formalities.

( Soumen Sen, J. ) ( Siddhartha Roy Chowdhury, J.)