Champa Chakraborty And ORS v. State Of West Bengal And ORS.

07.02.2024.

Court No. 13 Item No. 14 ap W.P.A. No. 142 of 2024 Champa Chakraborty & Ors.

Versus

The State of West Bengal & Ors.

Mr. Sayan Chattopadhyay.

...For the petitioners.

Mr. Shamim-ul Bari, Mr. Rezaul Hossain.

...For the State.

1. The State has produced a Memorandum dated 19th January, 2024 issued by the Additional Secretary, Government of West Bengal. The same is kept with the record.

2. By reason of the Notification, a Clarification issued by the Central Government is communicated, whereby Anganwadi Helpers recruited prior to issuance of Memorandum dated 1st August, 2022 were held entitled to participate in the promotion process to the post of Anganwadi Workers as per the provisions applicable on 1st August, 2022.

3. Counsel for the petitioners submits that by reason of clarification, his clients should be allowed to participate in the promotion process conducted on 1st November, 2023.

4. This Court notes that the writ petition was filed on 2nd January, 2024. The petitioners could have challenged the eligibility criteria in the Notification dated 1st November, 2023 immediately thereafter. As

on date of the filing of the writ petition, the examination process was over and the panel was about to be published. As on date the panel has been published and appointment orders have been issued.

5. In that view of the matter, since clarification has been issued by the Additional Secretary, Government of West Bengal dated 19th January, 2024, the petitioners may participate in future promotion process of to posts of Anganwadi Workers as and when conducted by the respondents.

6. With the aforesaid directions, the instant writ petition shall stand disposed of.

7. There will be no order as to costs.

8. All parties are directed to act on a server copy of this order duly downloaded from the official website of this Court.

(Rajasekhar Mantha, J.)