JAYANTA KUMAR DAS (Querist) 11 November 2023

Regularization of service under state government.

Respected Sir / Madam,

I have following queries –

For 1^st time in a case of regularization of service, WBAT ordered the primary respondent to take decision freely. Primary respondent negated. Petitioner moved to Calcutta High Court. High Court ordered WBAT to deliver reasoned order. Again WBAT ordered primary respondent to take decision freely. Primary respondent again negated. Now my query is –

Is it mandatory to move again to WBAT ? Or, can be moved to Calcutta High Court (double judges) directly at this stage ?

In this case, primary respondent negated regularization considering a judgement of Hon’ble Calcutta High Court (double judges) in 2021, ignoring a judgement (produced) of Hon’ble Supreme Court of India (double judges) in favour of regularization of service in a matter of Orissa in 2022. Can primary respondent (Principal Secretary of the department) do this ?

Please do advise.

Reply Follow

Quick Summary

This discussion concerns the repeated denial of service regularisation by a primary respondent, despite orders from the WBAT and High Court. The petitioner is seeking advice on whether they must return to the WBAT or can directly appeal to the Calcutta High Court (double judges). The core issue is the primary respondent's decision to ignore a Supreme Court judgment favouring regularisation while citing a conflicting High Court judgment.

3 Replies

T. Kalaiselvan, Advocate (Advocate) 11 November 2023

1. The WBAT seems to have erred in its order despite the orders passed by the hgh court in this regard, hence it would be advisable that you prefer a review petition again before high court itself.

Dr. J C Vashista (Advocate ) 12 November 2023

Consult and engage some other local prudent lawyer with relevant records for necessary opinion, advise and proceeding, if you feel aggrieved by the order passed by WBAT.

Sudhir Kumar, Advocate (Advocate) 13 November 2023

Agreeing with Dr Vashista, I will add that

Given facts indicate that :-

You moved to Tribunal for regularisation.
Tribunal directed the repondents to pass a decision.
respondents hae passed a decision

Please correct if these deductions are wrong.

If these deductions are correct then

Trubunal's directions seems to be executed.
in case you are not happy you can file cae in Tribunal on ht emerits of the same.
the case does not appear to be mature to move to High Court