Ch Hema Shankar Rao Vs the Union of India and Others — Calcutta HC (2024) — LawSathi Research

Ch Hema Shankar Rao Vs the Union of India and Others — Calcutta HC (2024) — LawSathi Research

What the court decided

AI extract

Outcome

Liberty to make fresh representations before the Competent Authority for regularisation of services in the Samagra Shiksha Abhiyaan posts, to be dealt with within three weeks of being sent; liberty to pray for framing of a scheme for job protection; maintainability issue kept open.

Issue for consideration

Whether the respondents should be directed to consider the petitioners' case for regularisation in the posts against which they have been working for a considerable number of years (claimed 17 years) in Samagra Shiksha Abhiyaan. +1 more

Court's answer

WPA/1083/2023, WPA/1104/2023, WPA/1105/2023 and WPA/1106/2023 were disposed of in terms of the Division Bench order, giving the petitioners liberty to make fresh representations before the Competent Authority for regularisation of their services in the posts in Samagra Shiksha Abhiyaan.

Ratio / Principle

The petitioners were also given liberty to pray for framing of a scheme for job protection.

Key takeaways

The Competent Authority shall dispose of the representations, if made, within a period of three weeks from the date on which the representations are sent to it.ratio¶¶31
As submitted on behalf of the respondents, the issue of maintainability of the petitioners' approaching the High Court was kept open to be considered at an appropriate stage.obiter¶¶32

Detailed headnote1 paragraphs

WPA/1083, 1104, 1105 & 1106 of 2023 (Guruswamy; Rachna Thakur; Mangaiyarkarasi; CH. Hema Shankar Rao v. The Union of India and others), High Court at Calcutta, Circuit Bench at Port Blair, decided 9 February 2024. Petitioners, engaged for many years (claimed 17) in posts under Samagra Shiksha Abhiyaan, sought a direction that the respondents consider them for regularisation. Counsel placed reliance on a Division Bench order of 7 February 2024 carrying an identical prayer. All four petitions were disposed of on the terms of that order: liberty to make fresh representations to the Competent Authority for regularisation (representations to be dealt with within three weeks of being sent) and liberty to pray for framing of a scheme for job protection. The respondents' maintainability objection was left open for an appropriate stage. Counsel: Anjili Nag (petitioners); Shatadru Chakraborty and Dibesh Dwivedi (Administration). Bench composition not stated in the text.

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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 7^th February, 2024

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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.