Madhabe Das Ghosh Chowdhuri v. State Of West Bengal And ORS

04.12.2024 Item 12, Ct.2 Sandip In the High Court at Calcutta Circuit Bench at Jalpaiguri Constitutional Writ Jurisdiction WPA 2476 of 2024 Madhabe Das Ghosh Chowdhuri -Vs- The State of West Bengal & Ors.

Mr. Firdous Samim (VC), Ms. Gopa Biswas, Mr. Debjit Kundu, Mr. Shubhankar Dutt, Ms. Somdutta Patra ...for the petitioner.

Ms. Pratusha Dutta Chowdhury ...for the State.

Mr. Debasish Mukhopadhyay, Ms. Madhushri Dutta, Mr. Partha Choudhury ...for the respondent nos. 7 & 8.

Affidavit-of-service filed on behalf of the petitioner be kept with the record.

The petitioner, in the year 2008, was engaged as Sahayika in the Bidyasagar Shishu Shiksha Kendra('the said SSK' in short) under Mal Municipality but her such engagement was not sanctioned by the Directorate of Local Bodies, Government of West Bengal as she had yet to complete the age of 40 years, as required for such engagement.

The petitioner, even thereafter, had continued to serve the said SSK as Sahayika and is still serving as such. She, on completion of 40 years, had again applied for the said engagement; she, in the meantime, has lost her husband and is now living with her two minor children. The post since is still lying vacant, the Municipality has allowed her present application and has sent their proposal for sanction to Chairperson, Directorate

of Local Bodies, Government of West Bengal, the respondent no. 5 herein, which is pending at the said end. The remuneration of the petitioner would be borne by the said Municipality from its own fund; in this backdrop, there cannot be any plausible ground to delay the sanction of engagement of the petitioner as Sahayika of the said SSK.

The respondent no. 5 is directed to the necessary sanction in favour of the petitioner, immediately; preferably within a period of two weeks from the date of communication of this order.

The authorities of the Mal Municipality, upon receiving the sanction as aforesaid, shall take forward steps to engage the petitioner as Sahayika in the said SSK. W.P.A. 2476 of 2024 is disposed of with the above direction(s) without any order as to costs. Since no affidavit has been invited, the allegations made in the writ petition are deemed to have been denied by the respondents.

Urgent photostat certified copy of this order, if applied for, be supplied to the parties subject to compliance with all requisite formalities.

(Biswajit Basu, J.)