Anupama Bhunia And ORS v. State Of West Bengal And ORS.

25th March., 2026 Item no.D/L 03 Court No. 18 Pradip, A.R.(Ct.) In the High Court at Calcutta Constitutional Writ Jurisdiction Appellate Side Case No.

WPA 5759 of 2026 In the matter of :

Anupama Bhunia & Ors.

.... Petitioners VS.

The State of West Bengal & Ors.

....Respondents For the Petitioners:

Mr. Anjan Bhattacharyya Ms. Anita Shaw Ms. Seema Thakur ....Advocates For the State:

Mr. Swapan Banerjee ....Advocate

1. The instant writ petition has been filed by six petitioners claiming identical relief by depositing only one court fees.

2. Learned advocate for the petitioners is directed to pay the deficit court fees in respect of five petitioners by 27th March, 2026. In default the order passed herein shall be restricted only in respect of the petitioner no. 1 and the writ petition shall be deemed to have been dismissed in respect of the others.

3. Affidavit of service filed in Court today is taken on record.

4. The petitioners were initially appointed as Staff Nurse, Grade-II and are presently serving as Community Health Officers posted at different Susasthya Kendras.

5. They have been released from the post of Community Health Officer vide order no. HNG/3M-63-2021/VII/27 with effect from the order

dated 7th January, 2026 issued by the Director of Health Services (Nursing Section) as they have been selected for Post Basic B.Sc Nursing/ M.Sc. Nursing Course for the session 2025-27.

6. They have been directed to join at the health facilities mentioned against their names in the said order.

7. Learned advocate for the petitioner refers to the memo no. HFW37099/160/2022-DIR-NURSING SEC-Dept. of H & FW/1117 dated 30th August, 2022 issued by the Director of Health Services, West Bengal wherein there is a mention that after completion of Post Basic B.Sc Nursing/ M.Sc. Nursing/ Other Higher Study (as the case may be), Community Health Officers will join at the place from where they are going for higher study. They may be considered for posting as Community Health Officer in existing vacancy at that point of time if they opt for posting as Community Health Officer.

8. It has been submitted that the petitioners have not been given option to choose their posting as Community Health Officer in terms of the order dated 30th August, 2022.

9. Representations have been made by the petitioners. Allegation is that the said representation has not been considered by the authority.

10. It has been brought to the notice of Court that the petitioners have been released from their present place of posting as Community Health Officer in January, 2026.

11. Upon hearing the submissions made on behalf of the petitioners and on perusal of the orders dated 7th January, 2026 and 30th August, 2022 mentioned hereinabove it appears that the stage for exercising the option arises only after a Community Health Officer successfully completes the Post Basic Training. Prior thereto, the officers do not

have any scope to submit option as regards the health centers from where the training course can be taken.

12. The petitioners have been selected for Post Basic Training for Session 2025-27.

13. It will be open for the petitioners to exercise their option after successful completion of the Post Basic Training for being posted as Community Health Officer in terms of the aforesaid Memo dated 30th August, 2022.

14. The writ petition stands disposed of.

15. Parties to act on the basis of the server copy of this order duly downloaded from the official website of this Court.

16. Urgent photostat certified copy of this order, if applied for, be supplied to the parties upon compliance of all requisite formalities. (Amrita Sinha, J.)