Shorifa Khatun v. The State Of West Bengal And ORS.

06.08.2025 Sl. No.34 Ct. No.42 ss

IN THE HIGH COURT AT CALCUTTA

CONSTITUTIONAL WRIT JURISDICTION APPELLATE SIDE W.P.A. No. 12910 of 2025 Mst Shorifa Khatun

Versus

The State of West Bengal & Ors.

Mr. Sudip Ghosh Chowdhury Ms. Sreyeta Mitra Ms. Debalina Chakraborty Ms. Pritha Biswas ...for the Petitioner.

Mrs. Sangeeta Roy Md. Abu Reja Jaglul Kabir ... for the State Affidavit of service filed on behalf of the petitioner is taken on record.

By the present writ petition, the petitioner seeks direction for consideration of her representation dated 3rd May, 2025 being Annexure P8 to the writ petition pending before the respondent no.3, the District Magistrate, Murshidabad.

The petitioner contends that she joined as a Sahayika in Mostafapara Sishu Sikshya Kendra on 25th May, 2005 and has discharged her official duty satisfactorily. By letter under Memo No.226(15) dated 4th March, 2025 issued by the Executive Officer, Raninagar-I, Panchayat Samiti of Goas, Islampur, respondent no.5, the petitioner has been transferred from Mostafapara Sishu Sikshya Kendra to

Gopinathpur Sishu Siksha Kendra, which is about 10 KM. away from her residence. The petitioner is aged about 55 years and she is suffering from various ailments. For such reasons of ailments, the petitioner could not join her duty at her the new place of posting. The petitioner made representation before the respondent no.3, the District Magistrate, Murshidabad for redressal of her grievance with a prayer for continuing in the same Sishu Sikshya Kendra at Mostafapara. The said representation of the petitioner has not been disposed of. Hence, this writ petition. Learned Advocate for the petitioner submits that as per Clause 13 of the Agreement dated 25th May, 2005, which was executed at the time of appointment, any decision taken by the Management Committee can be challenged before the District Magistrate. The District Magistrate is under obligation to consider such representation of the petitioner. He seeks that specific direction be issued upon the District Magistrate, Murshidabad, respondent no.3 to consider and dispose of the representation of the petitioner dated 3rd May, 2025.

Learned Advocate for the State leaves the matter to the discretion of this Court.

Upon hearing the respective parties, the respondent no.3, the District Magistrate, Murshidabad is directed to consider and dispose of the representation of the petitioner dated 3rd May, 2025,

upon notice and hearing the petitioner, by passing a reasoned order in accordance with law within a period of four weeks from the date of communication of this order.

The reasoned order shall be communicated to the petitioner within a week of passing of the same. Petitioner is directed to communicate this order along with the representation dated 3rd May, 2025 to the respondent no.3, the District Magistrate, Murshidabad.

With the above observation, the writ petition being WPA 12910 of 2025 is disposed of.

Since no affidavits have been called for, the allegation made in the writ petition is deemed to be not admitted.

Interim order, if any, stands vacated.

All connected applications, if any, stand disposed of.

There shall be no order as to costs.

All concerned parties shall act in terms of the copy of the order duly downloaded from the official website of this Court.

Urgent Photostat certified copy of the order, if applied for, be given to the parties on compliance of all necessary legal formalities.

(Bivas Pattanayak, J.)