Calcutta High Court (Appellete Side)
Sakina Khatun vs The State Of West Bengal & Ors on 1 April, 2019
Author: Amrita Sinha
Bench: Amrita Sinha
1
17
01.04.2019.
d.p.
W.P. 3230 (W) of 2019
Sakina Khatun
-versus
The State of West Bengal & Ors.
Ms. Mousumi Mitra,
Mr. Sarwar Jahan,
Mr. Asraf Mandal.
...For the Petitioner.
Mr. Pradip Kumar Roy,
Ms. Shrabani Sarkar.
...For the State.
None appears on behalf of the private respondent in spite of
service. Affidavit-of-service filed in Court today be taken on record.
The case of the petitioner is that the Block Development Officer, Karimpur-II, Development Block, Nadia issued a memo dated 14th September, 2018 for deployment of one Sangha Co- ordinator for each Gram Panchayat under NRLM. The date of the interview was fixed on 27th September, 2018. The petitioner appeared in the said interview for the Natidanga-II Gram Panchayat.
The grievance of the petitioner is that the Block Development Officer has engaged the private respondent being the respondent No. 8 herein who is not at all eligible for being appointment in the said post in the said Gram Panchayat.
2The petitioner has raised an objection before the Block Development Officer, Karimpur-II Block vide her letter dated 21st January, 2019. The said objection of the petitioner has not been considered by the Block Development Officer till date.
The learned advocate appearing on behalf of the State respondents submits that he does not have any instruction whether the engagement of the private respondent has already been given effect or not. He is also not aware whether the private respondent has fulfilled the eligibility criteria for engagement in the said post.
In my view instead of keeping the writ petition pending the same may be disposed of by passing the following direction.
The Block Development Officer, Karimpur-II being the respondent No.6 is directed to consider the objection made by the petitioner on 21st January, 2019 being annexure P-5 at page 26 of the writ petition, in accordance with law, after giving an opportunity of hearing to the petitioner as well as the private respondent within a period of three months from the date of communication of a copy of this order. The said respondent shall pass a reasoned order and communicate the same to all the parties within a fortnight thereafter.
It is made clear that this Court has not gone into the merits of this case and all points are kept open to be decided by the said respondent at the time of consideration of the objection of petitioner.
3W.P. No. 3230 (W) of 2019 is disposed of accordingly.
Urgent photostat certified copy of this order, if applied for, shall be given to the parties as expeditiously as possible on compliance of all necessary formalities.
( Amrita Sinha, J.)