Dipali Sinha Roy (Dhara) v. State Of West Bengal And ORS.

10.05.2023 Court No. 19 Item 09 CP WPA No. 18633 of 2022 Smt. Dipali Sinha Roy (Dhara) Vs.

The State of West Bengal & Ors.

Mr. Arkadipta Sengupta Mr. Alminhaz Karim ... for the Petitioner.

Despite service on two occasions, none appears on behalf of the State respondents.

The petitioner seeks implementation of the offer of appointment granted to the petitioner on the death of Becharam Dhara, a deceased Gram Panchayat Karmee of Goswami-Malpara Gram Panchayat under Polba-Dadpur Development Block. The petitioner submits that on November 3, 2021, the petitioner was asked to appear before the authority with all relevant documents as she was selected for appointment on compassionate ground. The petitioner was also directed to produce relevant documents.

It is submitted that the documents were also produced. Subsequently, the petitioner requested the authority to grant appointment to her son in her place. Such request of the petitioner was turned down by the authority.

By a letter dated March 21, 2022, the District Panchayat & Rural Development Officer, Hooghly,

intimated the petitioner that the appointment of the petitioner on compassionate ground had been approved by the appropriate authority and the process of appointment had started from the end of the Executive Officer of Polba-Dadpur Panchayat Samiti. The prayer for engagement of the son of the petitioner, in her place, was not allowed.

The petitioner now submits that she is not interested to pursue her request for engagement of her son, but seeks an order from the court directing the authorities to grant appointment to the petitioner, on the basis of the decision already taken. Under such circumstances, this writ petition is disposed of with a direction upon the appropriate authority to grant appointment to the petitioner on the basis of the letter dated March 21, 2022, upon the petitioner satisfying any other requirement in accordance with law, unless the situation has reversed due to the petitioner's fault or delay. Such appointment shall be given to the petitioner within a period of two weeks from the date of communication of this order.

The engagement/appointment shall be effective from the date of the order of appointment. If the appointment cannot be given, reasons shall be disclosed within the afore-mentioned period.

Accordingly, the writ petition is disposed of.

However, there will be no order as to costs.

All the parties are directed to act on the basis of the server copy of this order.

(Shampa Sarkar, J.)