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Calcutta High CourtWPA/30701/2014dismissed

Gouri Jana v. State Of West Bengal & ORS

2021-03-01Hon'Ble Justice Rajasekhar Mantha2 pages

01-03-2021 ct no. 13 Sl.14 pk WPA 30701 of 2014 (Through Video Conference) Smt. Gouri Jana

Versus

State of West Bengal and others Mr. Anindya Bose ...for the petitioner Mr. Arjun Roy Mukherjee ... for the State respondents I heard counsel for the petitioner as well as Mr. Mukherjee for the State. It appears from the records that the writ petitioner has approached this Court on more than one occasion earlier. This writ petition for the year 2014 was dismissed for default on 2nd February, 2015 and restored on 14th February, 2020.

This matter is taken up for hearing today after being listed upon mentioning.

It is not clear from the records that what steps the petitioner took in the year 2014 to get this matter heard.

Be that as it may, the subject matter of challenge is the order dated 11th September, 2013 passed by the District Magistrate, Purba Medinipur. The petitioner was admittedly absent from 17.02.2010 till the year 2014.

She submits that she was prevented from attending duties for political vendetta. The District Magistrate has referred to a Circular of the Government dated 10.12.2009 whereby the maximum period of absence that too on medical grounds can be granted to Anganwari Workers is a period of one year. Admittedly, there is no document or evidence on record to indicate any of the grounds that the petitioner urges for absence. Admittedly, the petitioner is not availed medical leave.

The cause of action if at all, of the petitioner, may have become infructuous by efflux of time.

For the reasons stated herein above, the instant writ petition is hereby dismissed.

Interim order, if any, shall stand vacated.

No order as to costs.

Photostat certified copy of this order, if applied for, be given to the parties upon compliance of all formalities.

(Rajasekhar Mantha, J.)