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Judgment
The Court
The respondent was given a temporary appointment on 17th October, 1996 on contractual basis temporarily for six months till the pleasure of the Chairman. This order was subsequently extended from time to time. The respondent No. 1 filed a writ application asking for regularisation of his service. In a judgment delivered by us today viz, State of West Bengal and Others v. Ashoke Ranjan Chendra (WP. TT No. 1 of 1999) dated 18th August, 1999 in a similar situation this Court held on the basis of the decision of the Supreme Court in J and K. Public Service Commission, etc. Vs. Dr. Narinder Mohan and others etc. etc., ; Dr. Surinder Singh Jamwal and another Vs. State of Jammu and Kashmir and others, as well as the decision in State of Madhya Pradesh v. Dharambir (1990) 6 SCC 165 that an ad hoc appointee has no right to be regularised unless the Recruitment Rules so specifically provide.
The learned Judge disposed of the writ application by directing the Chairman, West Bengal Essential Commodities Supply Corporation Limited (referred to as the Corporation) to consider the petitioner''s representation for regularisation. The appellants namely the Corporation as well, as the personnel Manager of the Corporation, have preferred this appeal and have submitted not only that the respondent No. 1 has No. right to be regularised but also that the Chairman who was a political and ex officio appointee was not an appropriate authority for either appointing the petitioner or considering any representation for regularisation.
In our view having regarding to the clear law on the issue, no useful purpose would be served in directing the consideration of the representation The application is accordingly allowed and the decision of the learned Judge is set aside.
All parties concerned to act on a xerox signed copy of this dictated order on the usual undertaking.
Application in allowed