JUDGEMENT AND ORDER : 1. Heard Mr. S. Bhattacharji, learned counsel appearing for the petitioner as well as Mr. TD Majumder, learned Government Advocate appearing for the respondents. 2. By means of this writ petition, the petitioner has expressed his grievances as he has not been appointed as the Live Stock Farm Worker in terms of the memorandum No. F.10(2)-FIN(G)/2008(PART), dated 12.08.2014 (Annexure P-6 to the writ petition) whereas admittedly the juniors in the grade of permanent labourer have been appointed in the said post of Live Stock Farm Worker in the Pay Band-1-Rs.4848-13,000 with Grade Pay of Rs.1,400/- w.e.f. 12.08.2014 by means of the order under No. F.2(6)ARDD/ESTT/2015/15891 dated 01.01.2016 (Annexure P-4 to the writ petition). From the memorandum dated 12.08.2014 it appears that the competent authority in the Finance department has taken into consideration the predicament of the permanent labourers. For their regularization to the substantive post of Farm Worker at least 10 years of service is required as the permanent labourer. Even after ten years of service, the regularization as the Farm Worker is not automatic. It is subject to the availability of the vacancy. As a result, it has been observed that the Farm Worker finally does not get the substantive pensionary benefits. In view of that, the minimum period of ten years for purpose of regularization in the substantive post of Farm Worker has been reduced to seven years by the said memorandum dated 12.08.2014 but certain modification has been phrased in the following manner: “The concerned Department may approach the Council of Ministers with comprehensive proposals for regularization of such permanent Labourers who had served minimum period of 15 years including the service period as Casual Workers or Daily Rated Workers of which at least 7(seven) years service length should be as Permanent Labourers” 3. The facts are not in dispute. It is admitted even by the petitioner that on 12.08.2014, when his juniors were appointed as the Live Stock Farm Workers, he did not complete the required 15 years of service on aggregate as the casual labourer/DRW and the permanent labourer but he had completed 7(seven) years of service as a permanent labourer on 12.08.2014. 4. Mr. It is admitted even by the petitioner that on 12.08.2014, when his juniors were appointed as the Live Stock Farm Workers, he did not complete the required 15 years of service on aggregate as the casual labourer/DRW and the permanent labourer but he had completed 7(seven) years of service as a permanent labourer on 12.08.2014. 4. Mr. TD Majumder, learned Government Advocate appearing for the respondents has submitted that this is the only reason for which the petitioner could not be regularised as the Live Stock Farm Worker along with other persons when the order dated 01.01.2016 was issued. Mr. Majumder, learned Government Advocate has drawn the notice of this court to the paragraph 12 of the reply filed by the respondents which reads as under: “That, with regards Para 7 of the petition under reply I submit that the petitioner could not be appointed to the post of Livestock Farm Worker, Group-D as he was not having 15 years of total service at the relevant point of time when order dated 01.01.2016 was issued appointing 606 Nos of Permanent Labourers temporarily to the post of Livestock Farm Worker. Simply for this reason, the petitioner has not been regularized. The petitioner was having 7 years of service as Permanent Labourer but he was not having 15 years of total service length including service as DRW. Therefore, he does not come within the sphere of Memo dated 12.08.2014 issued by the Finance Department, contained in Annexure R-3 of this affidavit. ” 5. Thus, the allegations of arbitrary action and depriving the petitioner illegally have been squarely disputed by the respondents. From the memorandum No. F.2(459)ARDD / ESTT / 2007(V-II), dated 24.12. 2007 (Annexure R-2 to the reply filed by the respondents) it evinces that 758 Casual Workers/Associated workers under Animal Resources Development Department as listed in Annexure-1 to that memorandum were declared permanent labourer w.e.f. 01.01.2007. The petitioner was also declared as permanent labourer on that day against those vacancies along with the persons who have been accommodated in terms of memorandum dated 02.08.2014. 6. In rejoinder to the submissions made by Mr. TD Majumder, learned Government Advocate, Mr. The petitioner was also declared as permanent labourer on that day against those vacancies along with the persons who have been accommodated in terms of memorandum dated 02.08.2014. 6. In rejoinder to the submissions made by Mr. TD Majumder, learned Government Advocate, Mr. S. Bhattacharji, learned counsel appearing for the petitioner has submitted that total post of 746 in the grade of Livestock Farm Workers have been created by the respondents and out of those vacancies by the order dated 01.01.2016, 606 persons have been accommodated. There is still substantive number of vacancies available for the further engagements so that the petitioner does not lose his seniority. Mr. Bhattacharji, learned counsel has urged to issue a direction to engage the petitioner waiving the said restriction of 15 years w.e.f. 12.08.2014. 7. Having due regard to the submissions and the records supporting the averments made in the writ petition and the reply, this court is of the view that this court is not in a position to give any positive direction upon the respondents to appoint the petitioner in the post of Livestock Farm Worker w.e.f. 12.08.2014. Since it has been asserted by Mr. Bhattacharji, learned counsel that still there are 140 vacancies in the grade of Livestock Farm Worker, the respondents are directed to consider the case of the petitioner either relaxing the said requirement along with the persons who are in the same category or if the petitioner by now had completed the required years of service in view of the memorandum dated 12.08.2014, his case may expeditiously be considered by way of appointing him in the post of Livestock Farm Worker. This court is not oblivious if the posts were temporarily created it might happen that those posts may no longer be available for appointment. In that event, a competent authority may approach the Finance Department for creation of those posts afresh so that the predicament of the petitioner and the person of the same category can to a large extent be alleviated. The said exercise shall be completed within a period of 4(four) months from the day when the petitioner shall furnish a copy of this order to the Director of Animal Resource Development. 8. This direction is confined for appointment on regular basis and not related to promotion. The said exercise shall be completed within a period of 4(four) months from the day when the petitioner shall furnish a copy of this order to the Director of Animal Resource Development. 8. This direction is confined for appointment on regular basis and not related to promotion. If the petitioner is however found suitable for the promotion, without any prejudice the petitioner may also be considered. 9. Having observed thus, this writ petition stands disposed of. No order as to costs. 10. Copy of this order be supplied to Mr. TD Majumder, learned Government Advocate as expeditiously as possible.