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Calcutta High CourtWPA/4052/2020disposed

Mithu Sarkar (Talukdar) & ANR. v. State Of West Bengal & ORS.

2020-12-17Hon'Ble Justice Amrita Sinha3 pages

Ct-24 ar 17.12.2020 WPA 4052 of 2020 Mithu Sarkar (Talukdar) & Anr.

Vs.

The State of West Bengal & Ors.

Mr. Sufi Kamal Ms. Priyanka Mondal ... For the Petitioners Mr. Susanta Pal Mr. Prabir Roy ... For the State The petitioners submit that they are serving as 'Anganwadi Workers' since 1994 in different I.C.D.S projects in the district of Malda.

They pray for promotion in the post of 'Supervisor'.

The petitioners made representation before the Director, Department of I.C.D.S on February 11, 2020.

The petitioners submit that their representation for promotion is yet to be considered by the respondents.

The learned advocate representing the respondents submits that under the current Rules there is no provision for consideration of the prayer of the petitioners for promotion at this stage, as the entire process of promotion has been made on online and date of filing the online application is long over.

Be that as it may, as it appears that the petitioner's representation before the authority praying for promotion is pending consideration at the end of the respondents, no useful purpose will be served by keeping the writ petition pending.

The writ petition is accordingly disposed of by directing the respondent no.

2, Director Department of I.C.D.S, Government of West Bengal, to take a decision with regard to the representation made by the petitioners, strictly in accordance with law and the relevant rules, within a period of six weeks from the date of communication of a copy of this order.

It is made clear that this Court has not gone into the merits of the claim of the petitioners and all points are left open to be decided by the said respondent at the time of consideration of their representation.

Leave is granted to the learned advocate on record for the petitioners to deposit the deficit court fees in respect of one petitioner within 18th December, 2020. In default, the order passed in the instant writ petition shall be restricted only in respect of the petitioner no. 1 and the writ petition shall be deemed to be dismissed in respect of the other petitioner.

WPA 4052 of 2020 is disposed of.

Urgent photostat certified copy of this order, if applied for, be given to the parties after completion of all legal formalities.

(Amrita Sinha, J.)