Calcutta High Court (Appellete Side)
Md. In Re: Rina Das (Mondal) vs State Of West Bengal And Others on 6 September, 2010
Author: Patherya
Bench: Patherya
10
W.P. 3876 (W) of 2010
6.9.10
.md. In re: Rina Das (Mondal)
-Vs-
State of West Bengal and Others
Mr. Satyajit Mondal
Mr. Amar Nath Sen
Mr. Sanjib Dutta
... for the petitioner
Ms. Sibani Bhagat
... for the State
By this application, the petitioner seeks payment of
honorarium on and from 12th January, 2010, i.e. for the
balance days of January, 2010 and February, 2010.
The case of the petitioner is that pursuant to an
advertisement for appointment of Anganwadi Helper, the
petitioner applied and a panel was prepared. Such panel
was challenged and an enquiry held. An order has been
passed on 12th October, 2009 by the District Magistrate,
cancelling the panel and thereby the entire process of
recruitment. The petitioner has been paid salary till 11th
January, 2010 and for the balance days of January, 2010
and February, 2010 as the petitioner rendered service,
seeks payment of honorarium along with consideration of
her application at the time of future recruitment.
Counsel for the State-respondents submits that as
the order dated 12th October, 2009 was received by the petitioner by hand and there is no record evidencing the date when such order was received not only by the petitioner but also by the respondent No.9, therefore the petitioner is not entitled to any sums beyond January, 2010.
Having considered the submissions of the parties, as 2 the order was passed on 12th October, 2009 and the honorarium has been paid to the petitioner till 11th January, 2010, the only period for which payment is sought is for the balance days of January, 2010 and February, 2010. As no date is available and the only letter written by the petitioner seeking payment is dated 4th February, 2010, let 3rd February, 2010 be taken as a cut- off date. Accordingly, let the petitioner be paid honorarium on and from 12th January, 2010 till 3rd February, 2010 within three weeks from the date of receipt of this order.
This order is passed as no documents have been produced by the respondent authorities to evidence the date on which the order dated 12th October, 2009 was communicated either to the respondent No.9 or to the petitioner.
In the event any fresh recruitment is initiated, the directives contained in the order dated 12th October, 2009 be followed.
Urgent certified photocopies of this order, if applied for, be given to the parties subject to compliance with all requisite formalities.
(Patherya, J.) 3