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Calcutta High CourtWPA/26262/2024disposed

Rasena Khatun v. The State Of West Bengal And ORS.

2025-12-11Hon'Ble Justice Bivas Pattanayak3 pages

11.12.2025 Item No. 36 Ct. No. 14 IN THE HIGH COURT AT CALCUTTA AN CONSTITUTIONAL WRIT JURISDICTION APPELLATE SIDE WPA 26262 of 2024 Rasena Khatun vs.

State of West Bengal & ors.

Mr. Arindam Chattopadhyay Ms. Lipika Chatterjee Mr. Soumik Dey Mr. Subir Debnath ... for the petitioner Mr. Sarwar Jahan Ms. Mousumi Mitra Ms. Tapati Sarkar Ms. Salini Sen ... for the Mission Director 1.

Exception to the report of respondent no. 2, filed by the petitioner, is taken on record.

2.

By the present writ petition, the petitioner seeks direction upon the respondent authorities for consideration of his representation dated 24th September, 2024 and retransfering the petitioner as the 4th Sahayika from Bekidanga SSK under no. 3, Durgapur Gram Panchayat to Bajitpur Purba Para SSK under Itahar Gram Panchayat in terms of the original order dated 31st May, 2010 issued by the respondent no. 5, the Executive Officer and Block Development Officer, Itahar Panchayat Samiti. 3.

The petitioner contends that she joined as the 4th Sahayika in Bajitpur Purba Para SSK under Itahar Gram Panchayat on 13th June, 2016. Subsequently, the petitioner

has been transferred to Bekidanga SSK under Durgapur Gram Panchayat by dint of order dated 8th September, 2020. The petitioner joined her new place of posting. The petitioner is facing problem in reaching her new place of posting for which she has to travel up and down 32 kms. The petitioner made representation for re-transfering her to her previous place of posting i.e. Bajitpur Purba Para SSK under Itahar Gram Panchayat before respondent no. 4, the District Nodal Officer, SSK/MSK Cell, Uttar Dinajpur Zilla Parishad, which is still pending with the authorities concerned. Hence this writ petition.

4.

Mr. Arindam Chowdhury, learned advocate appearing for the petitioner seeks that the representation of the petitioner dated 24th September, 2024 be relegated to the appropriate authority for consideration.

5.

Mr. Sarwar Jahan, learned advocate appearing for the Mission Director also submits that there is no such rule pertaining to transfer of the Sahayikas. The Sahayikas are shifted from one SSK to another when there is requirement in other places and institutions and short fall of the students goes below 20.

6.

In view of the submissions advanced by the respective parties, respondent no. 4, the District Nodal Officer, SSK/MSK Cell, Uttar Dinajpur Zilla Parishad is directed to consider and dispose of the representation of the petitioner dated 24th September, 2024 within a period of four weeks from the date of communication of this order subject to

furnishing of all the documents by the petitioner in accordance with law. The petitioner is directed to produce all the relevant documents, if any, before the concerned authority.

7.

The petitioner is directed to communicate this order to respondent no. 4, the District Nodal Officer, SSK/MSK Cell, Uttar Dinajpur Zilla Parishad for necessary compliance. 8.

With the above directions, the writ petition being no. WPA 26262 of 2024 stands disposed of.

9.

Since no affidavits have been called for, the allegations made in the writ petition are deemed to be not admitted. 10.

Consequently, connected applications, if any, also stand disposed of.

11.

Interim orders, if any, stand vacated.

12.

There will be no order as to costs.

13.

Urgent certified photostat copy of this order, if applied for, shall be given to the parties as expeditiously as possible on compliance of all necessary formalities. (Bivas Pattanayak, J.)