Chhaya Mahato v. The State Of West Bengal And ORS.

IN THE HIGH COURT AT CALCUTTA

CONSTITUTIONAL WRIT JURISDICTION APPELLATE SIDE 06 05.3.2025 Sc Ct. no.2 WPA 28647 OF 2024 -------------- Chhaya Mahato Vs.

The State of West Bengal & Ors.

Mr. Priyabrata Batabyal .... For the Petitioner Mr. Ashim Kumar Ganguly, AGP Mr. Bellal Shaikh.

.... For the Respondents State Mr.

Priyabrata Batabyal, learned counsel appearing for the petitioner referring to the representation dated September 11, 2024, AnnexureP8 at page 47 to the writ petition submits that, the land was acquired in the year 1976-77. The petitioner though has been eligible to receive an employment as a part of acquisition compensation under the law and though her name has also been referred under the "Exempted Category for the Land Losers" by the jurisdictional Employment Exchange, no further step has been taken thereafter.

Mr. Ashim Kumar Ganguly, learned Additional Government Pleader appearing for the respondents refers to the reply of the State authority to the said representation of the petitioner at page 53 to the writ petition. He submits that, it was informed to the

petitioner that her name will be sponsored as and when vacancy notification commensurate with the seniority, qualification and age is received by the Labour Department.

In view of the above, the moment the relevant vacancy announcement shall come and the notification shall reach at the office of the respondent no.4 in respect of the "Exempted Category for the Land Losers", the respondent no.4 shall sponsor the name of the petitioner, if the petitioner is otherwise then qualified in accordance with law for such category of employment.

Additionally, whenever a vacancy position shall be informed to the respondent no.4 in respect of the "Exempted Category for the Land Losers" wherever in the State, the respondent no.4 shall sponsor the name of the petitioner, if the petitioner is then qualified and eligible for being sponsored in accordance with law against such vacancy of the "Exempted Category for the Land Losers".

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

It is made clear that, this order shall not create any right or equity in favour of the petitioner unless she is found to be eligible at the relevant point of time to receive her claim strictly in accordance with law.

With the above observations and directions, this writ petition, WPA 28647 of 2024 stands disposed of, without any order as to costs.

Photostat certified copy of this order, if applied for, be furnished expeditiously.

(Aniruddha Roy, J.)