Champa Roy Pramanik And ORS v. The State Of West Bengal And ORS
CALCUTTA HIGH COURT
IN THE CIRCUIT BENCH AT JALPAIGURI
Constitutional Writ Jurisdiction 22.02.2024 BD/Ct. 02 sl no. 01.
W.P.A. 1053 of 2023 Champa Roy Pramanik & Ors.
-vsThe State of West Bengal & Ors.
Mr. Alok Sah Mr. Kunaljit Bhattacharya ....for the petitioners.
Mr. Subir Kumar Saha Mr. Momenur Rahaman ....for the State.
The writ petition has been instituted, inter alia, praying for cancellation of the Recruitment Notice dated 24th March, 2023 an appointment petitioners as Anganwadi Workers under Mekhliganj ICDS Project, District- Cooch Behar.
The learned advocate representing the petitioners submits that their right is fortified by the order of a coordinate Bench dated 13th May, 2015 passed on a writ petition being WPA 19421 of 2006 whereby ICDS authorities were directed to regularize the engagement of the petitioners as Anganwadi Workers and direction was given to grant notional benefits reckoning their past service. According to the petitioner, in terms of this order dated 13th May, 2015 engagement of
the petitioners as Anganwadi Workers under Mekhliganj ICDS Project need to be finalised. Per contra, Mr.
Rahaman, learned advocate representing the State respondents submits a report of the Child Development Project Officer, Mekhliganj ICDS Project, Cooch Behar, signed on 9th January, 2024 and the same is taken on record. Based on such report it has been contended on behalf State respondents that these six petitioners were initially engaged as Anganwadi Workers for a period of three months in a resultant vacancy when regular Anganwadi Workers were sent for a training.
The tenure of the engagement of the petitioners was from 4th December, 2000 to 28th February, 2001 purely on a temporary basis and when the regular Anganwadi Workers resumed their services against their respective posts temporary service of the petitioners stood dispensed with.
Subsequently, when a notification was issued on 25th July, 2006 for promotion Anganwadi Sahayikas to Anganwadi Workers the same was challenged by filing a writ petition being WPA 19421 of 2006 on which coordinate Bench passed an order in
favour of the petitioners on 13th May, 2015.
Against which respondent authorities preferred an intra-court Appeal being MAT 1721 of 2015 and the same was allowed by the Hon'ble Division Bench vide order dated 7th September, 2016 setting aside the order of the Single Bench. Therefore according to the State respondents no right accrues in favour of the petitioners claiming regularization of their engagement in consideration of the temporary appointment for a period of three months.
It appears that the basis of claim of the petitioners rests on the order of the coordinate Bench dated 13th May, 2015 passed on a writ petition being WPA 19421 of 2006 but the said order dated 13th May, 2015 was set aside by the Hon'ble Division Bench vide order dated 7th September, 2016; therefore the right which accrued in favour of the petitioners pursuant to the order of the Single Bench was withered away.
In addition thereto it also transpires from the facts of the case that the petitioners were initially appointed on a temporary basis in leave vacancy since regular incumbents were sent for training for a period of three months
therefore, no enforceable right accrues in favour the petitioners to lodge a claim for regularization.
Accordingly, the writ petition stands dismissed.
There shall be no order as to costs.
Urgent photostat certified copy of the order, if applied for, be given to the parties, upon usual undertakings.
(Saugata Bhattacharyya, J.)