Ishrat Parveen v. State Of West Bengal And ORS.

29.09.2022 d.p.

In The High Court At Calcutta Constitutional Writ Jurisdiction Appellate Side W.P.A 17602 of 2022 Ishrat Praveen -versus The State of West Bengal & Ors.

Mr. Partha Sarkar, Mr. Abhijit Basu.

...For the Petitioner.

Mr. Jahar Lal De, Mr. Supratim Dhar.

...For the State.

Affidavit-of-service filed in Court today is taken on record.

The petitioner was engaged by the Jamuria Municipality as Siksha Sahayika sometime in the year 2010 for a contractual period. The contract of the petitioner was not renewed in April 2014 by the Director of Local Bodies on the ground that she was under-aged on the date of engagement.

The petitioner submits that presently she has attained the requisite age for being appointed as Siksha Sahayika.

The petitioner has annexed a certificate issued in her favour by the Secretary, Jamuria 6 No. Muslim Mohalla, Shishu Siksha Kendra indicating that she is working in the said Kendra till date and she is regularly attending classes and teaching students. It has been

mentioned that her presence in the school for the students is very much required.

The petitioner applied before the Commissioner of the Asansol Municipal Corporation with a copy to the Director of Local Bodies with a prayer for renewal of her engagement.

As it appears that the petitioner has served the Shishu Siksha Kendra for a considerable period of time, it is for the fitness of things that a direction be issued upon the Director of Local Bodies for consideration of the prayer made by the petitioner for engaging her as Siksha Sahayika.

The petitioner has relied upon a series of orders passed in similar matters by co-ordinate Benches of this Court.

In view of the above, the instant writ petition is disposed of by directing the respondent No.2 being the Director of Local Bodies to consider the representation which was made by the petitioner on 18th July, 2022 and received by the office of the Director of Local Bodies on 21st July, 2022 strictly in accordance with law, within a period of eight weeks from the date communication of a copy of this order.

The said respondent shall pass a reasoned order and communicate the same to the petitioner within a fortnight thereafter.

The petitioner shall forward a copy of her representation dated 18th July, 2022 at the time of communication of this order.

It is made clear that this Court has not gone into the merits of the case and all points are left open to be decided by the said respondent at the time of consideration of the representation of the petitioner. The writ petition stands disposed of.

Urgent certified photocopy of this order, if applied for, be supplied to the parties expeditiously on compliance of usual legal formalities.

( Amrita Sinha, J.)