Shila Rani Maity Gayen v. State Of West Bengal & ORS

04.03.2021.

Item no. 13.

Court No.13 sp W.P.A. No. 24793 of 2014 (Through Video Conference) With CAN 1 of 2021 Smt. Shila Rani Maity (Gayen)

Versus

The State of West Bengal & Ors.

Sk. R. Alam ...For the petitioner.

Mr. S. Sengupta, Mr. Subir Pal.

..For the State.

Mr. Tapash Kr. Mondal ....For the Zilla Parishad Md. Sarewar Jahan ...For the respondent no.15 The petitioner challenges an order dated April 23, 2013 passed by the Block Development Officer (B.D.O.), Sagar, South 24 Parganas. The petitioner claims that he was working continuously for the period from 2005-06. He further claims that the contract of engagement was signed by the Secretary of the Mission, one Bhaskar Chandra Maity. It appears that the B.D.O. has filed a report before this Court on February 2, 2020 stating that the alleged contract of engagement of the petitioner is wholly suspect and that the said Bhaskar Chandra Maity was not the Secretary of the Mission at the relevant point of time. The petitioner argues that the legality of the signature of the said Bhaskar Chandra Maity, can be ascertained from the resolution book of the concerned SKUS.

This Court notes that the impugned order and the report of the B.D.O. are very clear and in no uncertain terms clarify that the appointment of the petitioner was contrary to Rules and the petitioner could not have been engaged without due, sanction or process of law. The State has also produced the relevant records indicating that the signature of the said Bhaskar Chandra Maity has been forged.

In those circumstances, the impugned order does not call for any interference.

Hence, the writ petition must fail and is hereby dismissed.

There shall be no order as to costs.

In view of the above, the connected application being CAN 1 of 2021 shall stand disposed of.

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

(Rajasekhar Mantha, J.)