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

10-08-2023 Court No.2 Sh/19.

In The High Court At Calcutta Jalpaiguri Circuit Bench W.P.A. 1726 of 2023 Lovely Mahato & Ors..

-VsThe State of West Bengal & Ors.

Mr. Anirban Banerjee, Mr. Debasish Mukhopadhyay.

..For the Petitioners.

Mr. Hirak Barman, Mr. Pretom Das.

.. For the State.

Heard learned counsels for the parties.

The petitioners were appointed to the post of Anganwadi Workers under Matiali ICDS Project and joined the post in June 2007, The services of the petitioners were terminated by a letter issued on 4th January, 2008 with effect from 10th January 2008 on the ground that the qualification of the petitioners was higher than the qualification prescribed in the G.O. dated 25th January, 2006. The petitioners preferred a writ petition challenging the said order and by an order passed on 12th July, 2022 in WP No.5911 (W) of 2008 subsequently renumbered as WPA 940 of 2022, a coordinate bench of this Court set aside the said order and directed reinstatement of the petitioners within a period of four weeks from the date of communication of the order. In compliance with the said order the petitioners were reinstated in their respective posts. The petitioners submitted separate representations before the concerned authority (annexure P-6 to the writ petition) on 20th October,

2022 seeking remuneration, notional benefits and other facilities on and from 19th September, 2013 in terms of the notification of the Government of West Bengal. The representations are yet to be considered. The petitioners pray for a direction upon the authority to consider the representations at the earliest. It is submitted on behalf of the respondents that the 4th respondent be directed to consider the representations, in accordance with law.

In view of the above, the writ petition is disposed of directing the 4th respondent to consider and dispose of the representation submitted by the petitioners (annexure P-6 to the writ petition) within six weeks from the date of communication of this order upon affording reasonable opportunity of hearing to all the stake holders including the petitioners, in accordance with law.

The decision taken by the authority shall be communicated to the petitioners within a week thereof.

With the above observation and direction the writ petition being WPA 1726 of 2023 is disposed of. There shall be no order as to costs.

Since no affidavits have been called for, the allegation contained in the writ petition shall be deemed not to have been admitted.

Urgent certified website copy of this order, if applied for, be supplied to the parties expeditiously on compliance of all requisite formalities.

( Suvra Ghosh, J.)