Lal Mohan Paik v. State of West Bengal & Ors.
Case brief
What is this about?
FMA 322 of 2021; CAN 1 of 2021; CAN 2 of 2021; mandamus appeal; High Court at Calcutta, Appellate Side; decided 04.04.2024 by Harish Tandon, J.; appellant Lal Mohan Paik (counsel Sayantan Adhya); respondents The State of West Bengal & Ors. (counsel Pinaki Dhole and Kakali Samajpati); Single Bench dismissal of writ petition upheld; claim for absorption/regularization of service denied; part-time sweeper from February 2009 to February 2012; asserted work beyond one year at fixed monthly remuneration; employer's stand of no work after May 2013; Secretary, State of Karnataka & Ors. v. Umadevi (3), (2006) 4 SCC 1 relied on; paragraph 53 one-time regularization exceptions not invoked; appeal and connected applications dismissed; no order as to costs.
What did the court decide?
Even if the appellant had worked beyond May 2013, such work would not have entitled him to absorption/regularization, in view of the settled legal position in Secretary, State of Karnataka & Ors. v. Umadevi (3), (2006) 4 SCC 1.