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Calcutta High CourtWPA/1236/2021dismissed

Prosenjit Das v. State Of West Bengal And ORS.

2021-01-27Hon'Ble Justice Rajasekhar Mantha2 pages

27-01-2021 ct no. 13 Sl.68 pk WPA 1236 of 2021 (Through Video Conference) Prosenjit Das

Versus

State of West Bengal and others Mr. Amit Kr. Pati, Mr. Sagnik Mukherjee ...for the petitioner Mr. Tapan Kumar Mukherjee, Mr. Sougata Mitra ... for the State.

The petitioner was originally engaged as Block Facilitator under the ICDS Scheme being implemented in the State of West Bengal. The petitioner claims that since after the scheme had expired, the State Government accommodated them to work in another scheme called "SNEHA SHIVIR".

The petitioner seeks benefits of the Government notification dated September 16, 2011 as modified from time to time and lastly on February 25, 2016 issued by the Finance Department, Government of West Bengal, Audit Branch.

It is clearly evident that the petitioner cannot come within the purview of the aforesaid memorandum since they are neither contractual

nor the casual or the daily rated workers. The petitioner admittedly is functioning under particular scheme and there are no separate funds available in the new "SNEHA SHIVIR"

Scheme for applying the benefits of the aforesaid circular of the Finance Department dated September 16, 2011.

For the reasons stated herein above, the order passed by the A.D.M., ICDS, Dakshin Dinajpur dated September 18, 2019 cannot be faulted.

With the aforesaid observations, the instant writ petition is dismissed.

There shall be no order as to costs.

Photostat certified copy of this order, if applied for, be given to the parties on usual undertaking.

(Rajasekhar Mantha, J.)