Bani Das v. Th Vice Chancellor Rabindra Bharati University And ORS

19.04.2024 Item No. 26 Ct. No. 238 AKG WPA 25302 of 2023 Bani Das Vs.

The Vice Chancellor, Rabindra Bharati University & Ors. Mr. Kishore Mukherjee ...for the Petitioner Mr. Pratik Majumdar ...for University The petitioner was appointed as a Sweeper at the university in the year 2000. Due to certain health problems, she made a representation dated June 26, 2012 to the Security Officer of the university, praying for a transfer to an alternate post in the department. Following the said representation, the university permitted the petitioner to perform her duties as Peon from 10 a.m. to 5 p.m.

In 2020, the petitioner was again asked to perform the duties of a Sweeper. The petitioner suggests that after being allowed to perform the duties of a Peon, she cannot be reassigned the duties of a Sweeper.

I find substance in the submission of the university that while the university assigned her the duties of a Peon, the appointment of the petitioner remained unchanged. The petitioner, therefore, cannot claim to be appointed as a Peon.

The university, however, submits that keeping in mind the health condition of the petitioner, she will be assigned suitable duties.

The university shall assign suitable duties to the petitioner immediately.

No further order needs be passed in this writ petition.

WPA 25302 of 2023 is disposed of.

Urgent certified website copies of this order, if applied for, be made available to the parties upon compliance with the requisite formalities.

(Kausik Chanda, J.)