Balaka Singha And ORS. v. State Of West Bengal And ORS.

25.03.2025 Sl. No.6(DL) Ct. No.39 srm

IN THE HIGH COURT AT CALCUTTA

CONSTITUTIONAL WRIT JURISDICTION APPELLATE SIDE W.P.A. No. 17655 of 2023 Balaka Singha & Ors.

Versus

The State of West Bengal & Ors.

Mr. Masud Karim, Mr. Md. Zeeshanuz Zaman ...for the Petitioners.

Mr. Somnath Ganguli, Mr. Balarko Sen ...for the State-respondents.

Affidavit of service filed on behalf of the petitioners is taken on record.

The petitioners contend that they were empanelled as Accredited Social Health Activists (ASHA) in Islampur Sub-Division, Uttar Dinajpur in respect of the advertisement dated 21st August, 2010. However, no engagement/ appointment letter was issued to them. Despite the same, the petitioners discharged their work but they did not receive any monetary benefit. Thereafter, a fresh notification has been issued by the department on 6th April, 2022 for recruitment for the post of ASHA in different villages under Islampur Sub-Division, Uttar Dinajpur. The petitioners on 20th March, 2023 made representation before respondent No.4, Sub-Divisional Officer,

Islampur Sub-Division, Uttar Dinajpur for redressal of their grievance. However, no steps have been taken. Hence, this writ petition.

Mr. Masud Karim, learned Advocate appearing for the petitioners seeks for direction for consideration of the representation of the petitioners by the respondent No.4, Sub-Divisional Officer, Islampur Sub-Division.

Mr.

Somnath Ganguli, learned Advocate appearing for the State-respondents also submits that the matter may be relegated to the respondent No.4 for considering the representation of the petitioners dated 20th March, 2023.

In view of the submissions advanced on behalf of parties, the respondent No.4, Sub-Divisional Officer, Islampur Sub-Division, District-Uttar Dinajpur is directed to consider and dispose of the representation of the petitioners dated 20th March, 2023 by passing a reasoned order within a period of four weeks from the date of communication of this order upon hearing the petitioners and all other interested parties in accordance with law.

The reasoned order shall be communicated to the petitioners within a week of such passing of the order.

Learned Advocate for the petitioners is directed to communicate this order to the respondent No.4,

Sub-Divisional Officer, Islampur Sub-Division along with a copy of the representation dated 20th March, 2023.

It is made clear that this Court has not gone into the merits of the writ petition.

Since no affidavits have been called for, the allegation made in the writ petition is deemed to be not admitted.

With the aforesaid directions, the writ petition being WPA 17655 of 2023 stands disposed of.

Interim order, if any, stands vacated.

All connected applications, if any, stand disposed of.

There shall be no order as to costs.

All concerned parties shall act in terms of the copy of the order duly downloaded from the official website of this Court.

Urgent Photostat certified copy of the order, if applied for, be given to the parties on compliance of all necessary legal formalities.

(Bivas Pattanayak, J.)