Calcutta High Court (Appellete Side)
Ruksana Khatun @ Rukchena Khatun vs State Of West Bengal And Others on 2 August, 2010
Author: Patherya
Bench: Patherya
05
W.P.11528 (W) of 2010
2.8.10
.md.
Ruksana Khatun @ Rukchena Khatun
-Vs-
State of West Bengal and Others
Mr. Anjan Bhattacharya
Mr. Swagata Datta
Mr.Pijush Kanti Hazra
... for the petitioner
Ms. Mitali Bhattacharya
... for the State
By this application the petitioner seeks
cancellation of Memo. dated 17-5-2010.
The case of the petitioner is that she has been
appointed as a Sahayika in the Kusumtara Sishu Siksha
Kendra. An engagement letter was also issued for a period
of one year from 30.03.2010. The said letter was sent to
the Office of the Block Development Officer, the respondent
no.4 for approval. By Memo. dated 17th May, 2010 the appointment of the Sahayika of the Sishu Siksha Kendra has been cancelled on the ground of eligibility criteria as not only the age limit criteria was not satisfied but the qualification criteria and the resident criteria were not also satisfied. Hence, the instant application has been filed and orders sought. According to counsel for the petitioner the petitioner was a resident of the concerned Kendra, therefore she was eligible for appointment. The finding of the respondent no.4 is only related to the residence of the petitioner, therefore the Memo. is liable to be set aside.
2Counsel for the respondent authorities submits that it is after issuance of the engagement letter that the same is placed for approval of the respondent no.4. It is not only on the basis of the residence criteria that the appointment of Sahayika in the said Kendra has been rejected but also in respect of the age criteria not satisfied by the petitioner. On the petitioner's own admission she was born on 5th march, 1986 and at the time of making the application she was aged 24 years' old. This is nowhere close to 40 plus. Therefore, the decision of the respondent no.4 be not interfered.
Having considered the submissions of the parties, from a reading of the Memo. dated 17th May, 2010 there is no doubt that the petitioner is a resident of Kusumtara as will appear from the identify card issued by the Election Commission and from the ration card available. The age criteria and the qualifications which also form the basis for issuance of the Memo. dated 17th May, 2010, however, has not been satisfied by the petitioner. As the petitioner on her own admission in paragraph 4 of the writ petition has stated that her date of birth is 5th march, 1986, therefore in 2009 she was 24 years' old. The age criteria needed was 40 plus and therefore no infirmity exists in the Memo. dated 17th May, 2010 and accordingly no order is passed on this application and the same is dismissed.
As no affidavit-in-opposition has been filed, the allegations contained in the petition are not admitted.
Urgent certified photocopies of this order, if applied for, be given to the parties subject to compliance with all requisite formalities.
3(Patherya, J.)