MONIKA GHOSH Vs. STATE OF WEST BENGAL

JUDGEMENT

(1.) Mr. Chattopadhyay, learned advocate appears on behalf of appellant. We find the appeal was reported to be defective on two counts. Firstly, two writ files were mentioned in preamble of the memo and secondly date of impugned order was wrongly mentioned therein. The defects have since been removed.

(2.) Appellant is before Court urging this intra Court appeal against order dated 12th December, 2019 passed in W.P. 15648 (W) of 2013, being one of two writ petitions dealt with by said order. Mr. Das, learned advocate appears on behalf of State. He waives service of notice of appeal. By consent of parties, the appeal is taken up for hearing on papers disclosed in CAN 1387 of 2020, being application for stay of operation of impugned order.

(3.) A little background is necessary. We commence narration of facts from order dated 7th September, 2009 made by District Magistrate, Howrah, whereby the office disposed of the case [Munmun Paral (Kanrar) vs. State of West Bengal], of private respondent in the writ petition, by observing that selection of appellant for undergoing training as Auxiliary Nurse and Midwife (ANM) is valid. Appellant then undertook training and was discharged, whereafter by communication dated 14th May, 2013, her appointment was terminated by Chief Medical Officer of Health and Secretary, District Health and Family Welfare Samiti, Howrah. Hence, the writ petition and impugned order. In this context, further enquiry on facts show appellant filed the writ petition challenging, in effect, inter alia, order dated 28th June, 2012 made by District Magistrate, Howrah in another case pursuant to said private respondent's writ petition WP 20261(W) of 2009. [Munmun Paral (Kanrar) vs. State of West Bengal and Ors.]. Following from said order dated 28th June, 2012 is extracted on pointing out that reference therein to petitioner identifies Munmun Kanrar and respondent no.10 identifies appellant.