Saswati Bhattacharya v. State Of West Bengal And ORS.

21.11.2024 Ct. 23 M/L 151 ab

IN THE HIGH COURT AT CALCUTTA

CONSTITUTIONAL WRIT JURISDICTION APPELLATE SIDE WPA 16406 of 2022 Smt. Saswati Bhattacharya -VsState of West Bengal & Ors.

Mr. Ramasish Mukherjee, Mr. Debasish Kundu, ... for the petitioner Mr. Dwijadas Chakraborty ... for the KMC By an order dated 23rd September, 2024, the respondents were directed to file a report in the form of an affidavit by 7th October, 2024.

The matter was taken up yesterday (20.11.2014) when no one appeared on behalf of the State. The matter was, therefore, adjourned.

Today also the State remains unrepresented while Kolkata Municipal Corporation (in short, KMC) is represented.

On behalf of the KMC, it is submitted that it is not the answering respondent and as such, is not willing to file a report in the form of an affidavit. The matter is as such taken up for consideration in the absence of the learned advocate for the State.

It is submitted by the petitioner that the main contention of the petitioner in challenging her order of transfer was that she cannot be transferred outside the project area of Tiljal Project jurisdiction. The petitioner at present has been transferred and is working at 'Anandapur', which is within the Tiljala Project Area and as such, it cannot be contended at this stage that she has been transferred beyond the Tiljaja Project Area.

Considering such submission, I find that the principal grievance of the petitioner does not subsist any more since she has been transferred and is working at 'Anandapur' within the Tiljala Project Area. The writ petition is, therefore, disposed of without any further order but clarifying that the issue, as to whether an Anganwadi worker cannot be transferred beyond the project area for which she has been engaged, has not been decided in this writ petition. (Arindam Mukherjee, J.)