Sangita Pramanik (Das) v. State Of West Bengal And ORS.

01.08.23 9 Ct. No.25 Sws.M WPA 16150 of 2023 Sangita Pramanik (Das) vs.

The State of West Bengal & Ors.

Mr. Golam Mastafa Mr. Tarasankar Samanta ...for the petitioner Mr. Arjun Roy Mukherjee Mr. Subhendu Sengupta ...for the State The petitioner's case is that she is working as an Anganwari Worker (AWW) in the Integrated Child Development Service (ICDS) project. The petitioner was appointed as AWW in 2009 in Block, Sutahata - I, District- Purba Medinipur.

Mr. Mustafa, learned counsel appearing on behalf of the petitioner submits that as per the recruitment guidelines dated September 15, 2015 issued by the Ministry of Women & Child Development, Government of India, 50% of the vacancies in the post of Supervisors would have to be filled up by promotion from amongst AWWs with 10 years of experience and having prescribed educational qualifications as per the Recruitment Rules for the post of Supervisor. The remaining 50% of the vacancies would be filled up by direct recruitment. In the event 50% of the vacancies

cannot be filled up by way of promotion, the same may be filled up by way of direct recruitment.

A copy of the said notification as handed over in Court today is retained with the records.

Mr. Roy Mukherjee, learned counsel appears on behalf of the State-respondents and submits that despite the fact that no response has been given to the application under Right to Information Act, 2005 made by the petitioner, the Public Service Commission has not been made a party to the present proceedings. Considering the rival submissions of the parties and the materials placed on record this Court directs the representation of the petitioner dated April 12, 2023 be considered by the Director, ICDS project/ the Respondent No. 2 on the issue why the petitioner was not promoted despite having the requisite qualifications and completion of 10 years of service as AWW. Let such representation be considered within 8(eight) weeks from date upon giving a personal hearing to the petitioner. A reasoned order that may be passed be communicated to the petitioner within two weeks thereof.

With the directions aforesaid, WPA 16150 of 2023 is disposed of.

Since affidavits have not been invited in the present writ petition, the allegations made in the writ petition are deemed not to have been admitted by the parties.

All parties are to act on a server copy of this order downloaded from the official website of this Hon'ble Court.

Urgent certified website copies of this order, if applied for, be made available to the parties subject to compliance with all requisite formalities.

(Lapita Banerji, J)