MAMTA MAHATO Vs. STATE OF WEST BENGAL

JUDGEMENT

(1.) This appeal has been preferred from the judgment and order dated 6th March, 2012 passed by a learned Judge of this Court whereby and whereunder the said learned Judge disposed of the writ petition with a direction upon the Principal Secretary, Department of Women & Child Development and Social Welfare, Government of West Bengal to initiate appropriate action against the retired Child Development Project Officer, who appointed the appellants herein. Going through the records we find that the Child Development Project Officer, Bandwan I.C.D.S. Project, Purulia passed an order under Memo dated 30th June, 2011 withholding the honorarium of nine Anganwadi Workers including the present appellants from June, 2011 due to the dispute regarding their way of selection. By the aforesaid order, Child Development Project Officer also directed the nine Anganwadi Workers including the appellants herein not to render their services as Anganwadi Workers at their respective centres.

(2.) Thereafter, by a written communication dated 1st July, 2011, District Magistrate, Purulia informed the Principal Secretary, Department of W & CD and Social Welfare, Government of West Bengal that the whole process of appointments of nine candidates including the appellants herein to the post of Anganwadi Workers under the Bandwan I.C.D.S. Project by the then Child Development Project Officer has violated the Government order dated 25th January, 2008 and therefore, recommended for issuance of an administrative order for cancellation of the appointments of the said nine candidates including the appellants herein. The Principal Secretary, however, did not issue any administrative order till date accepting the aforesaid recommendation of the District Magistrate, Purulia.

(3.) The District Magistrate, Purulia arrived at the conclusion that the selection process for appointments of the appellants to the post of Anganwadi Workers has violated the Government order without even granting any opportunity of hearing to the said appellants. The then Child Development Project Officer was also not asked to explain his conduct in the matter of selection of the aforesaid Anganwadi Workers by the District Magistrate concerned upon granting reasonable opportunity of hearing.