Ashima Bayen (Das) v. State Of West Bengal And ORS.

15.06.2023 mb In the High Court at Calcutta Constitutional Writ Jurisdiction Appellate Side W.P.A. No. 13473 of 2023 Ashima Bayen (Das) -vs.- The State of West Bengal & Ors.

Mr. Gouranga Kumar Das, Ms. Swati Mondal ...for the petitioner Mr. Razaul Hossain ...for the State At the outset, an adjournment is sought by the petitioner.

The grievance ventilated in the present writ petition by the petitioner is very limited. The grievance of the petitioner is that the petitioner initially was appointed as an Anganwari worker, but, subsequently, she has sacked from the said post due to certain allegations against the petitioner.

However, subsequently, the petitioner was acquitted in a criminal case with regard to the same offences. Thereafter, the petitioner sought for being engaged again as an Anganwari worker.

Pursuant to a previous order by a coordinate bench of this court, a hearing was given to the petitioner but she failed to produce her original documents for the purpose of taking a decision thereon.

Thereafter, the petitioner has made several representations, but, unfortunately, she could not produce her original documents.

Heard learned counsel for the parties.

Upon hearing the parties, it is clear that the respondent-authorities have not expressed any view on merits to refuse the plea of the petitioner to be engaged as an Anganwari worker. The respondents merely insist on production of valid documents by the petitioner for the purpose of giving such engagement.

In such view of the matter, W.P.A. No. 13473 of 2023 is disposed of by directing the petitioner to furnish the relevant documents required for the purpose of giving such engagement to her as an Anganwari worker, which are required under the relevant scheme. Upon such documents being handed over/submitted by the petitioner to the respondent no. 6, the respondent no. 6 shall, as expeditiously as possible, scrutinize such documents and, in the event those are found to be satisfactory and in accordance with the relevant rules and procedure, engage the petitioner as an Anganwari worker as expeditiously thereafter as possible.

In any event, the respondent no. 6, that is, the District Magistrate, South 24-Parganas, shall complete the entire process, up to the engagement of the petitioner as Anganwari worker, within the outer limit of

four weeks from the date of the petitioner furnishing copies of her documents.

The parties and all concerned shall act on the server copy of this order without insisting upon prior production of a certified copy thereof for the purpose of compliance.

There will be no order as to costs.

Urgent photostat certified copies of this order, if applied for, be made available to the parties upon compliance of all necessary formalities.

(Sabyasachi Bhattacharyya, J.)