Dipti Rani Tripathy v. State Of West Bengal & ORS

Ct-08 ar 05.12.2023 FMA 2131 of 2016 Dipti Rani Tripathy Vs.

State of West Bengal & Ors.

1. The parties are not represented nor any accommodation is prayed for on behalf of the parties.

2. The appeal had appeared in the warning list of cases on and from 19th September, 2023 with a clear indication that the said matter shall be transferred to the Regular Bench on 6.10.2023. The appeal was adjourned on 17.10.2023 on the prayer of the learned counsel for the appellant in order to enable the appellant to take necessary instruction in the matter, although the appellant is not represented today.

3. The appeal was filed on 26.4.2016. The record shows that no attempt has been made to move this appeal after it was filed. No step has been taken to serve notice and prepare paper books. It clearly shows that the appellant is not interested to proceed with the appeal.

4. The issue involved in the writ petition was the decision of the Block Development Officer concerning the claim for regularization of the appointment of the petitioner as the fourth Sahayika. The impugned reasoned order passed

on 25th June 2008 by the Block Development Officer upon considering the representation made by the writ petitioner. The Block Development Officer negated the claim of the petitioner primarily on the following grounds :- i) proper advertisement for the post was not made;

ii) the petitioner is under aged ; and iii) the student strength does not require the appointment of a fourth sahayika.

5. Learned Single Judge has recorded that the writ petitioner has failed to produce any material to establish that the findings of the Block Development Officer are perverse. In absence of any record showing that the said findings are perverse, the Court has no option but to dismiss the appeal. We do not find any reason to take a different view.

6. In view of the above, the appeal stands dismissed. There will be no order as to costs. (Uday Kumar,J.) (Soumen Sen, J.)