Authority: Calcutta High Court
Order Date: 27.07.2026
Case Overview
- Petitioners: Prabir Dey Sarkar and seven others (eight petitioners) filed WPA 9825 of 2021 against North Bengal State Transport Corporation (NBSTC) and others.
- Respondent: North Bengal State Transport Corporation, represented by Ms. Debdooti Dutta.
- Advocates for petitioners: Mr. Kamalesh Bhattacharya, Mr. Rezaul Hossain, Mr. Anirban Saha, Mr. Parvez Hossain.
- Nature of petition: Seek regularisation of contractual appointments (under the "died‑in‑harness" category) that have been continued for years without break.
- Facts: Petitioners underwent full‑fledged interview processes, received appointment letters dated 17.02.2009, and have been continuously engaged in perennial duties essential to NBSTC’s operations. Their contractual terms have been extended repeatedly.
- Legal precedents cited:
- Division Bench judgment in FMA 3642 of 2015 (Riya Bhadra & others Vs. NBSTC) dated 15.07.2026.
- Single Bench judgment in WPA 18203 of 2015 (Sudip Adhikari & others Vs. NBSTC) dated 22.06.2026.
- Supreme Court judgment in Jaggo Vs. Union of India & Others (SLP (C) No. 11086 of 2024).
- Court’s reasoning: Petitioners are similarly situated to those in the cited judgments; they have performed essential, continuous duties, and without their service the corporation’s functioning would be disrupted. The ratio from Jaggo and Riya Bhadra is applicable.
Final Outcome
- The writ petition is allowed. NBSTC must treat the eight petitioners in the same manner as directed in the Division Bench order of FMA 3642 of 2015 (order dated 15.07.2026).
- NBSTC is required to implement the regularisation directions within four weeks from the date of communication of a copy of this order.
- WPA 9825 of 2021 is disposed of.
- All parties must act on the server copy of the order downloaded from the official website of the Court.
Topics: Employment Regularisation, Court Order, State Transport