Rita Pal v. The State Of West Bengal And ORS.

13.10.2023 d.p.

In The High Court At Calcutta Constitutional Writ Jurisdiction Appellate Side W.P.A 12274 of 2023 Rita Pal -versus The State of West Bengal & Ors.

Md. Salahuddin, Md. Ahsanuzzaman.

...For the Petitioner.

Mr. Ansar Mandal, Mr. Ziaul Haque.

...For the State.

Md. Sarwar Jahan, Mr. Shahzad Noor Thander.

...For the Respondent No.2.

The petitioner claims to be serving as 3rd Sahayika in Ganeshpur Sishu Shiksha Kendra. She refers to the order dated 9th March, 2017 passed in W.P No. 7018 (W) of 2015 wherein a coordinate Bench of this Court directed the Sub-Divisional Officer, Rampurhat Sub-Division, Birbhum to disburse her arrear remuneration for the post of 3rd Sahayika with effect from 17th August, 2011 and to take steps for disbursing current remuneration on the basis of the recruitment committee's meeting on 5th February, 2014. The school authority was directed to cooperate with the disbursement of the petitioner's arrear remuneration as well as the present remuneration as per the direction of the Court.

The petitioner alleges that though the arrear remuneration has been cleared, but the current one has not been paid.

Learned advocate appearing for the respondent no.2 submits that the petitioner did not acquire the requisite qualification for being appointed as Sahayika after the order was passed by the Court.

It appears from records that the District Panchayat and Rural Development Officer and the District Nodal Officer (SSK/MSK) by a communication dated 14th November, 2022 addressed to the Mission Director, Paschim Banga Rajya Sishu Shiksha Mission requested the addressee to send necessary instruction for approval of regularization and for payment of monthly honorarium along with arrear claim in compliance of the order passed by this Court. It appears that the Mission Director is yet to respond to the said communication.

In view of the above, the instant writ petition is disposed of by directing the respondent no. 2 to take necessary consequential steps in furtherance to the communication made by the DPRDO to the Mission Director vide Memo No. 2105-DPRDO dated 14th November, 2022 at the earliest, but positively within a period of eight weeks from the date of communication of this order.

Learned advocate appearing for the petitioner is directed to forward all relevant documents to the Mission Director at the time of communicating the order of the Court.

If the aforesaid respondent is of the opinion that the petitioner will be entitled to the benefit as claimed, then necessary consequential steps shall be taken for releasing payment in favour of the petitioner at the earliest.

The writ petition stands disposed of.

Urgent certified photocopy of this order, if applied for, be supplied to the parties expeditiously on compliance of usual legal formalities.

( Amrita Sinha, J.)