Sarvina Khatun v. State Of West Bengal And ORS.
Sl. No.10 06.07.2022 Court No.24 B.M.
In The High Court At Calcutta Constitutional Writ Jurisdiction Appellate Side WPA 6134 of 2022 Sarvina Khatun v.
State of West Bengal & Ors.
Mr. Md. Sarwar Jahan Mr. Md. Asraful Huq Mr. Maidul Islam Kayal ... for the petitioner Mr. Saikat Chatterjee ... for the State Supplementary affidavit and the affidavit of service filed in Court be taken on records.
The petitioner was selected as the Consumer Service Provider under the scheme of National Rural Livelihoods Mission on 1st September, 2008 and she is performing her duties since 2009.
She was thereafter selected for the post of VRP under Raninagar-II Block for the year 2017 and engaged as the VCT (Vector Control Team) for controlling vector borne diseases in Malibari-II Gram Panchayat. A formal order of engagement was issued by the Block Development Officer in favour of the petitioner on 13th July, 2018.
The petitioner for a very limited period of time performed duties in respect of both posts but thereafter
she tendered her resignation in the post of CSP on 25th July, 2021. She actually continued in the post of CSP till 4th August, 2021.
The petitioner presently intends to continue with her engagement as the VBDC under VRP but she is being restrained to continue as such by the Pradhan of the Kalinagar-II Gram Panchayat.
The petitioner made representation before the District Magistrate, Murshidabad and the Executive Officer of the Murshidabad Zilla Parishad requesting the authority to let her perform her duty. A representation was also made before the Block Development Officer on 6th August, 2021. The petitioner alleges that none of the representations has been considered by the respondent authorities till date.
Learned advocate appearing for the State submits that it was not proper for the petitioner to continue with two engagements under two different projects at the same time. The resignation of the petitioner from one of the projects was accepted only on 1st April, 2022. It appears from the submissions made on behalf of the parties and the documents annexed to the writ petition that the petitioner has not made a comprehensive representation before the Block Development Officer highlighting her grievances. The application which has been filed by her to continue with
her engagement is very sketchy, devoid of the relevant details.
Accordingly, leave is granted to the petitioner to make a comprehensive representation along with all relevant documents to the Block Development Officer, Raninagar-II Development Block in support of her prayer. In the event such a representation is made, the same shall be considered by the Block Development Officer strictly in accordance with the relevant rules after giving an opportunity of hearing to the petitioner and all other necessary parties at the earliest, but positively within a period of eight weeks from the date of filing the representation.
The aforesaid respondent shall pass a reasoned order and communicate the same to all the parties immediately thereafter.
The writ petition stands disposed of.
Urgent photostat certified copy of this order be supplied to the parties, if applied for, as early as possible.
( Amrita Sinha, J.)