Niyati Maity (Santra) v. State Of West Bengal & ORS

WPA 14437 of 2017 22.

bd.

01.09.2023 Ct.15 Smt. Niyati Maity ( Santra) -vs- The State of West Bengal & Ors.

Ms. Rama Halder Mr. S.K.Santra ... for the petitioner. Mr. Gourab Das ... for the State.

The writ petition is instituted, inter alia, praying for release of arrear honorarium in her favour. It has been claimed that petitioner has been working as linked person in Mohar Gram Panchayat, Sabang Block in the district of Paschim Medinipur. It has been contended that from the year 2010-2011 remuneration has not been paid to the petitioner though the petitioner is working as linked person. In this regard one representation dated 22nd March, 2017 has been filed before the Block Medical Officer of Health, Sabang Rural Hospital, DistrictPaschim Medinipur, claiming release of arrear remuneration.

State respondents are represented by learned advocate who submits that engagement of linked person is not required since appointment of 'ASHA'. Since it has been submitted on behalf of petitioner that she functioned as linked person at the material point of time but she was not paid remuneration, let the claim of the petitioner be decided by the Block Medical Officer of Health, Sabang Block, District- Paschim Medinipur, being the respondent no. 3 within a period of eight weeks from the date of communication of this order and a

reasoned decision to be passed by the respondent no. 3 whether petitioner is entitled to receive arrear remuneration. Before such decision is taken opportunity of hearing shall be granted to the petitioner by the respondent no. 3 and the decision to be taken shall be communicated to the petitioner within one week thereafter.

With the aforesaid direction the writ petition stands disposed of. There shall be no order as to costs.

Urgent photostat certified copy of the order, if applied for, be given to the parties, upon usual undertakings.

(Saugata Bhattacharyya, J.)