Calcutta High Court (Appellete Side)
Smt. Kanika Roy vs The State Of West Bengal & Ors on 17 May, 2012
Author: Biswanath Somadder
Bench: Biswanath Somadder
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17.05.2012
(PP)
W. P. No.4233 (W) of 2012
Smt. Kanika Roy
Vs.
The State of West Bengal & Ors.
Mr. Pradip Kumar Roy
......for the petitioner.
Mr. S. K. Halder
....for the State.
Let the report in the form of an affidavit filed on behalf of
the respondent no.8 be kept on record.
After considering the submissions made by the learned advocates for the parties and upon perusing the instant application, it appears that the writ petitioner is essentially seeking an order of transfer to the post of Anganwari Helper under Alipurduar-I ICDS Project.
From the report in the form of an affidavit, it appears that the writ petitioner was released on 2nd January, 2012, from Jalpaiguri Sadar ICDS Project and came to join at Alipurduar-I ICDS Project office on transfer. However, since there was no vacancy available for the post-in-question, the concerned Project Officer contacted the District Project Officer at Jalpaiguri over phone and sought instruction in the matter. Thereafter, the writ 2 petitioner was informed that her joining report could not be accepted for the time being and she was instructed to report to the Jalpaiguri Sadar ICDS Project office for further instruction. Subsequently, the writ petitioner submitted another application before the District Project Officer/ICDS Project Officer at Jalpaiguri praying for being posted at Alipurduar-I ICDS Project. After considering her prayer, the Additional District Magistrate, Jalpaiguri passed an order asking her to join at Jalpaiguri Sadar ICDS Project as there was no vacancy of Anganwari Helper available in Alipurduar-I ICDS Project office. However, she ignored the order of the Additional District Magistrate, Jalpaiguri and did not join the post. Once again, the Additional District Magistrate, Jalpaiguri, passed an order asking her to join Jalpaiguri Sadar ICDS Project and also ordered for her posting at Alipurduar-I, on deputation. It has been categorically stated in the report in the form of an affidavit that she again ignored the order of the Additional District Magistrate, Jalpaiguri, and did not join the Jalpaiguri ICDS Project. It has also been categorically stated that the sanctioned strength of Anganwari Helpers of Alipurduar-I ICDS Project is 378, which has already been filled up and the concerned Project Officer has no power to draw honorarium beyond the sanctioned capacity.
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The facts of the case, as stated above, make it evident that the writ petitioner has not joined Jalpaiguri Sadar ICDS Project office in spite of being specifically asked to do so by the concerned authority. Although, it is contended by the learned advocate for the petitioner that his client has never been communicated about such direction, the writ Court cannot enter into any such questions of fact.
Be that as it may, in the event the writ petitioner joins Jalpaiguri Sadar ICDS Project office in terms of the memo dated 14th February, 2012, issued by the Additional District Magistrate, Jalpaiguri, her case for transfer to Alipurduar-I ICDS Project office shall be considered by the concerned authorities in terms of the memo dated 14th February, 2012, subject, of course, if in future there is any available vacancy.
The writ petition stands disposed of accordingly. Urgent photostat certified copy of this order, if applied for, be given to the learned advocates for the parties.
(Biswanath Somadder, J.)