Sahina Yasmin v. State Of West Bengal And ORS.

23.02.2022 IN THE HIGH COURT AT CALCUTTA Sl. No.24 CONSTITUTIONAL WRIT JURISDICTION (PP) APPELLATE SIDE (Via Video Conference) WPA 7179 of 2021 Sahina Yasmin Vs.

The State of West Bengal & Ors.

Mr. Arunava Pati ....for the petitioner.

Mr. Joyak Kumar Gupta ....for the State.

The petitioner's mother was appointed as an Anganwadi Helper in 98 Andulberia ICDS centre on 27th February, 1989. The petitioner's mother died on 1st March, 2018. At the time of death, the petitioner's mother was in service and had not reached the age of

60. The petitioner says that on 11th June, 2019, the petitioner made an application for compassionate appointment as an Anganwadi Helper. The petitioner has 5 sisters and the said sisters have given no objection in favour of the petitioner. The petitioner further submits that her application has not been considered and disposed of by the authority concerned.

On behalf of the State, it is submitted that the petitioner has applied for Anganwadi Helper. The minimum qualification for the said post is pass in

Class - IV. However, any candidate, who has passed Madhyamik or equivalent examination, shall not be given appointment as an Anganwadi Helper.

Be that as it may, since the petitioner had made a representation which remains outstanding for several months, I direct the respondent no.5 to dispose of the petitioner's representation dated 11th June, 2019 within a period of 12 weeks from date by passing a reasoned order after affording the petitioner a reasonable chance to represent her case. The reasoned order shall be communicated to the petitioner within 7 days from passing of the same. Nothing further remains to be adjudicated in this writ petition. The same is disposed of accordingly without any order as to costs.

Since I have not called for any affidavits, allegations made in the writ petition are deemed to have not been admitted.

Urgent photostat certified copy of this order, if applied for, be given to the parties, upon compliance of necessary formalities.

(Arindam Mukherjee, J.)