Judgment:
Aloke Chakraborty, J.
1. Heard Mr. Ghosh for the writ petitioner and Miss Das for the respondents.
2. Miss Das communicated to the Court that the records of the case could not be produced by her client's officers and to that effect she got instruction.
3. The case of the petitioner in brief is that he belongs to Scheduled Caste Community having a valid certificate and is a physically handicapped person. He has no legs below knee. The petitioner states that he read upto class VIII and his name was enrolled with the District Employment Exchange at Lalbagh, Murshidabad and is renewed from time to time from June 1, 1968. The petitioner was engaged as Pankha Puller in regular vacancy in the office of the Block Development Officer, Bhagwangola II Murshidabad and he rendered service as Pankha Puller in the said Block upto October 31, 1972.
The petitioner states that it was a seasonal job and he used to be engaged for a few months in each year. Annexure M to the writ petition shows that the petitioner rendered service for the following period:
June 1, 1968 to October 31, 1968 - 153 days
July 1, 1969 to October 31, 1969 -123 days
April 1, 1970 to October 31, 1970-214days
April 1, 1971 to October 31, 1971 - 214 days April 1, 1972 to October 31, 1972 - 214 days
4. It appears from Annexures to the writ petition which have not been disputed by the respondents that the petitioner rendered service for each year for 120 days or more consecutively for 5 years and his case has been considered from time to time by the various authorities expressing the view that the case of the petitioner requires sympathetic consideration. It appears from the copy of the Memorandum No. 96(34)/1-CDP dated January 4, 1984 issued by the Department of Panchayats & Community Development, Government of West Bengal, that -
'Seasonal workers not employed in perennial type of work shall be eligible for consideration for appointment to vacant posts in a regular establishment along with candidates sponsored by the Employment Exchange provided that-
(a) such a seasonal worker has worked at the material time for atleast 5 calendar years And
(b) in such of the 5 calendar years he has worked for a period of not less than 120 days, whether continuous or not, over a period of not less than six months. (Para 5 of Labour Department's Memo No. 1700-EMP dated August 3, 1979 with that Department's Memo No. 1650 BMP dated August 28, 1980)
Such seasonal workers need not be sponsored by Employment Exchange but they shall be considered for absorption only in vacancies that are duly reported to the Employment Exchange.
Absorption of the seasonal workers shall also be by way of fresh appointment and shall be made by an order issued by the appointing authority.
All the Block Development Officers are requested to take action accordingly.
Clarifications may be obtained from the Department in case of doubt.
This disposes of all pending matters on the subject including absorption of Pankha Pullers.'
5. It further appears from the Memo No. 7935 (16)-CDP/lE-9/87 dated July 4, 1987 issued by the Department of Panchayats & Community Development, Government of West Bengal, that 'Pankha Pullers who have worked for 5 calendar years or more in consecutive years from the date of their initial appointment as Pankha Pullers and are still in employment or have been rendered surplus due to introduction of electricity may be absorbed in regular establishment against suitable vacancies available under the same appointing authority.'
6. It appears from Annexure 'K' at page 37 of the writ petition that the petitioner was a Pankha Puller who had been in service as seasonal worker at a particular Block Office under Murshidabad District and subsequently his service was discontinued due to electrification of Block Administrative Buildings.
7. In the above view of the matter I hold that the petitioner is entitled to be absorbed in the regular establishment in terms of the absorption policy as contained in Memo dated July 4, 1987 mentioned hereinabove and Annexed 'J' to the writ petition at page 36.
8. Miss Das appearing for the respondents could not produce any material effectively disputing the aforesaid circumstances. In that view of the matter I direct that the respondents are to take appropriate steps in terms of the said Memo dated July 4, 1987 to absorb the writ petitioner in regular establishment against suitable vacancies under the same appointing authority. The writ petitioner being admittedly a handicapped person and having been deprived of employment for such a long time, the respondents are directed to absorb the petitioner in the regular establishment at the earliest preferably within a period of three months from the date of communication of this order. The writ petition stands disposed of accordingly.
9. Let a xerox copy of this order be given to the petitioner on payment of usual charges and on undertaking to apply for and to obtain the certified copy of the same.