Tumpa Mal v. State Of West Bengal And ORS.

22.12.2021 Ct. No.23 pg.

IN THE HIGH COURT AT CALCUTTA

CONSTITUTIONAL WRIT JURISDICTION APPELLATE SIDE WPA 19764 of 2021 Tumpa Mal Vs.

The State of West Bengal & Ors.

Mr. Md. Kutubuddin ... For the petitioner Ms. Chaitali Bhattacharya Ms. Sanjukta Samanta ... For the State Affidavit of service filed in Court today is taken on record.

The petitioner's mother Rebadasi Mal was appointed as a Sahayika Karmee under ICDS Project in Sagardighi, District - Murshidabad. The said Rebadasi Mal died while working as such Sahayika Karmee prior to attaining the age of 60 years. The petitioner says that she is entitled to be considered for compassionate appointment in terms of Clause 20 of the memorandum dated 25th January, 2006 issued by the Department of Women & Child Development and Social Welfare, Government of West Bengal, appearing at page 24 of the writ petition. The petitioner has made a representation and/or application on or about 28th September, 2021. This representation was sent through post and it appears from the postal track

report that the same has been delivered to the addressee, namely, the respondent no.5.

In the aforesaid facts and circumstances, the respondent no.5 is directed to consider the petitioner's request appearing at page 21 of the writ petition, within a period of four months from the date of communication of a server copy of this order and dispose of the same by a reasoned order after affording the petitioner a reasonable opportunity to represent by observing the prevalent Covid19 protocol. The reasoned order shall be communicated within ten days from the date of passing of the same to the petitioner.

The respondents, including the respondent no.5, who is duly represented by an advocate, shall act on the basis of a server copy of the order without insisting upon production of a certified copy thereof.

Nothing further remains to be adjudicated in this writ petition. The same is disposed of accordingly without any order as to costs.

Since I have not called for any affidavits, allegations made in the writ petition are deemed to have not been admitted.

Urgent photostat certified copy of this order, if applied for, be given to the parties, upon compliance of necessary formalities.

(Arindam Mukherjee, J.)