Rachna Thakur v. The Union Of India And Others

IN THE HIGH COURT AT CALCUTTA

[ CIRCUIT BENCH AT PORT BLAIR ] *** WPA/1083/2023 Guruswamy Vs.

The Union of India and others With WPA/1104/2023 Rachna Thakur Vs.

The Union of India and others With WPA/1105/2023 Mangaiyarkarasi Vs.

The Union of India and others With WPA/1106/2023 CH. Hema Shankar Rao Vs.

The Union of India and others Ms. Anjili Nag ... for the petitioners Mr. Shatadru Chakraborty Mr. Dibesh Dwivedi ... for the Administration February 9, 2024 [SR] Item Nos.4,5,6&7 Learned counsel appearing for the petitioners submits that the petitioners seek a direction on the respondents to consider the petitioners' case for regularization in the post against which the petitioners have been working for a considerable number of years. Counsel places an order passed by a Division Bench in this Court dated 7th February, 2024

which had an identical prayer including the issue of regularisation of the petitioners in their respective posts. After considering the case put forwarded by the parties, it appears that the Division Bench granted liberty to the petitioners to make a fresh representation to the Competent Authority for regularisation of their posts in Samagra Shiksha Abhiyaan where the petitioners claimed to have engaged for the last 17 years.

Since counsel submits that these writ petitions involve the same issue and relief, the writ petitions may be disposed of in terms of the order passed by the Division Bench. WPA/1083/2023, WPA/1104/2023, WPA/1105/2023 and 1106/2023 are accordingly disposed of by giving liberty to the petitioners to make fresh representations before the Competent Authority for regularisation of their services in the posts in Samagra Shiksha Abhiyaan where the petitioners have been engaged for a substantial number of years. The petitioners are also given liberty to pray for framing of a scheme for job protection of the petitioners. The Competent Authority shall dispose of the representations, if made, by the petitioners, within a period of three weeks from the date on which the representations are sent to the Competent Authority.

As submitted on behalf of the respondents, the issue of maintainability of the petitioners' approaching the High Court, may be kept open to be considered at an appropriate stage. Parties to act on a server copy of this order duly downloaded from the official website of the Hon'ble High Court at Calcutta.

( Moushumi Bhattacharya, J. )