Puspa Rani Das v. State Of West Bengal And ORS.

25.02.2021.

Item no. 134.

Court No.13 ap W.P.A. No. 2966 of 2021 (Through Video Conference) Puspa Rani Das

Versus

The State of West Bengal & Ors.

Md. Yusuf Ali.

...For the petitioner.

Mr. Raja Saha, Mr. Amit Kumar Ghosh.

...For the State.

Affidavit-of-service filed in Court today by the Counsel for the petitioner be taken on record. The writ petitioner was functioning as an Anganwadi Helper under the Child Development Project Officer, Jiaganj ICDS Project, Lalbagh, Murshidabad since 2007.

Sometimes in 2011, the petitioner abandoned her service and claims to have gone to Delhi to care for her sick daughter. The petitioner came back to join her service in the year 2013. The petitioner has been denied engagement. Hence, the writ application. Counsel for the petitioner submits that his client had made a representation to the respondents and wants that the same is considered by them.

This Court notes that the petitioner has unconditionally and unequivocally abandoned her engagement for well over four years. The engagement itself was on a temporary basis.

The petitioner, therefore, cannot claim any equity before this Court for reengagement. The question of any consideration of her representation by the respondents does not and cannot arise.

In view of the above, the instant writ application must fail and is hereby dismissed.

There will be no order as to costs.

All parties are directed to act on a server copy of this order on usual undertakings.

(Rajasekhar Mantha, J.)