Madan Mohan Maiti v. State Of West Bengal & ORS

Item No. 13 In The High Court At Calcutta Constitutional Writ Jurisdiction Appellate Side 22.06.2022 Ct-24 WPA 11562 of 2019 Madan Mohan Maiti v.

The State of West Bengal & Ors.

Mr. Dilip Kumar Chatterjee Mr. Haridas Das ... for the petitioner.

The petitioner claims to be engaged as casual staff under the Mahatma Gandhi National Rural Employment Guarantee Scheme by the Saoraberia Jalpai-II Gram Panchayat in the year 2011.

It has been submitted that since the date of joining he was working regularly upto the satisfaction of the Gram Panchayat authority.

The Pradhan on October 31, 2018, all on a sudden, directed the petitioner not to attend service and restrained the petitioner from performing his duties. The petitioner immediately by a representation dated November 2, 2018 intimating the same to the Block Development Officer, Nandakumar Block.

The petitioner alleges that the said representation has not been considered till date. The petitioner also filed representation before the District Magistrate

(NREGA CELL), Purba Medinipur and before the Sabhadhipati of the Zilla Parishad.

None of the representations have been answered by the respondents.

None appears on behalf of the respondents despite repeated services.

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

As it appears that the petitioner's representation dated November 2, 2018 remains unanswered by the respondents, accordingly, the instant writ petition is disposed of by directing the Block Development Officer, Nandakumar Block being the respondent no. 2 herein to consider and dispose of the representation filed by the petitioner strictly in accordance with law, after giving an opportunity of hearing to the petitioner and other necessary parties within a period of eight weeks from the date of communication of a copy of this order and pass a reasoned order and communicate the same to the parties immediately thereafter.

It is made clear that this Court has not entered into the merits of the claim of the petitioner and all points are left open to be decided by the said respondent at the time of consideration of the representation of the petitioner.

The petitioner is directed to forward a copy of the representation dated November 2, 2018 to the aforesaid respondent at the time of communicating the order of this Court.

The writ petition stands disposed of.

Urgent photostat certified copy of this order, if applied for, be given to the parties after completion of all legal formalities.

Sh (Amrita Sinha, J.)