Dhananjoy Bagdi v. State Of West Bengal & ORS

10.08.2021 Court No. 19 Item no.01 CP WPA 18447 of 2019 Dhananjoy Bagdi VS The State of West Bengal & ors.

(via video conference) Mr. Debasis Sur Mr. Hare Krishna Halder ......for the petitioner.

Mr. Vivekananda Bose Ms. Deblina Chattaraj ....for the respondent no.4.

Mr. Tapan Kr. Mukherjee Ms. Tuli Sinha .....for the State respondents.

The petitioner is aggrieved by the inaction on the part of the Block Development Officer, Indus Block in considering the case of the petitioner in terms of the order passed by a Division Bench of this court dated May 7, 2014.

It is the contention of the petitioner that the petitioner was entitled to regularization as a Sahayak. That the Block Development Officer, Indus Block had rejected the prayer of the petitioner for regularization. Aggrieved by the action of the authorities in not regularizing the petitioner a writ petition was filed being WP 10973(W) of 2000. The petitioner was not successful before the learned

Single Judge and an appeal was preferred being FMA 3541 of 2013. The appeal was disposed of by a Division Bench of this court and the order of the Block Development Officer as also the learned Single Judge were set aside and the entire matter was remitted to the Block Development Officer for fresh consideration. It is submitted that the Block Development Officer concerned has not yet considered the matter in accordance with the direction of the Division Bench.

Mr. Mukherjee, learned Additional Government Pleader, submits that admittedly such consideration was not made pursuant to the direction of the Division Bench.

Having heard the rival contentions of the parties, the writ petition is disposed of with a direction upon the Block Development Officer, Indus Block to consider the matter of regularisation of the petitioner in accordance with the order dated May 7, 2014, passed by the Division Bench of this court appearing at pages 43 to 45 of the writ petition. This court has not gone into the merits of the claims of the petitioner and the Block Development Officer, Indus Block shall dispose of the matter as directed by the Division Bench and in accordance with law.

The entire exercise should be completed within a period of six weeks from the date of communication of this order.

With the above observations, this writ petition is disposed of. There shall be no order as to costs. Parties are to act on the server copy of this order.

(Shampa Sarkar, J.)