Welfare Board & Ors Vs. Ms. Anjali Bepari & Ors  INSC 886 (2 August 1996)
K.Ramaswamy, K.G.B. Pattanaik (J)
JT 1996 (8) 1 1996 SCALE (6)302
O R D
Kumar Ghosh, Advocate takes notice for respondent No.1.
not in dispute that the respondent came to be appointed against a casual
vacancy in the Central Social Welfare Board Scheme. The respondent has been
continuing ever since the date of appointment, namely, February 11, 1992. She filed writ petition in the
Calcutta High Court for direction to regularise her services. The learned
Single Judge held in the judgment that she was not entitled to regularisation
as the mode of her appointment was not in accordance with the rules. In the
impugned order dated January
24, 1996, the Division
Bench in FMAT No.16/95 reversed the order of the learned Single Judge and
directed regularisation of the services of respondent as under:
appeal, therefore, succeeds.
judgment and order of the trial court is set aside. The writ application is
allowed. The respondents are directed to regularise the service of the
appellant in the post of Gram Sevika with effect from the date she completed
three years of service in the concerned Project positively within two months
from date and also to pay her arrears salaries and other benefits, if any,
within the aforesaid period." Calling this order in question, this SLP has
been filed. It is not in dispute that the project is being wound up in a phased
manner and the services of the employees are being dispensed according is
stated by the learned counsel for the petitioners that no junior to the
respondent was allowed to continue in the said project. It is stated that there
are other projects being operated similarly, but the persons engaged therein
also are continuing on temporary basis and are senior to the respondent.
Therefore, she cannot be regularised in any other scheme. In view of the above
stand, we direct the petitioners to continue the respondent in any other temporary
scheme but keeping in mind the overall seniority of all the persons; the
dispensing with the services should be on last-come-first-go basis, i.e., the juniormost
incumbent has to go out first. As and when vacancies would arise, such persons
whose services have been dispensed with will be taken back without following
the practice of requisitioning the names of candidates from the employment
exchange. They would be regularised only when regular posts are available and
in accordance with the order of seniority.
special leave petition is accordingly ordered.