Jhuma Das v. State Of West Bengal And ORS.

04.05.23 50 Ct. No.25 Sws.M WPA 1492 of 2023 Jhuma Das Vs.

The State of West Bengal & Ors.

Mr. Kallol Kumar Basu Md. Jannat Ul Firdous ....for the petitioner Mr. Suman Dey ...for the State The exception to the report on affidavit as handed over in court today is retained with the records.

Mr. Basu, learned counsel appearing on behalf of the petitioner submits that even through the electoral rolls dated January 1, 2018, January 1, 2023 and the epic card of the private respondent No. 5, as annexed to the report on affidavit show that the private respondent belong to the same service area for which her appointment as an Accredited Social Health Activist (ASHA) karmee was given by the State authorities, still due to the fact that her husband was residing elsewhere would go to show that she was residing with her husband outside the service area. He submits that the private respondent No.

5 did not change her residential address after her marriage in the documents produced by her even though she was residing at her husband's residence. He relies on a copy of the death

certificate of her husband and voter card in support of his contention that her husband resided at a different address where the private respondent was supposed to reside.

Mr. Dey, learned counsel appearing on behalf of the State-respondents submits that the authorities have checked all the necessary documents and all the documents annexed to the report on affidavit do not show any infirmity in the engagement of the private respondent No. 5 as an ASHA Karmee in the sub center/ service area concerned.

Considering the rival submissions of the parties and the materials placed on records this court is of the view that no infirmity has been committed by the State authorities in the appointment of the private respondent No. 5, as an ASHA Karmee. This court finds that the writ petition is completely unmeritorious.

In the light of the above discussions WPA No. 1492 of 2023 is dismissed.

All parties to act on a server copy of this order downloaded from the official website of this Court. Urgent Xerox certified copy of this order, if applied for, be supplied to the parties, subject to compliance with all requisite formalities.

(Lapita Banerji, J)