SANTANA BARMAN Vs. STATE OF WEST BENGAL

JUDGEMENT

(1.) Affidavit-of-service, filed today, be kept on record. In the writ petition, the petitioners, who were the candidates for the post of Anganwari workers under Sitai ICDS project within the district of Cooch Behar, have prayed for a direction upon the respondents to consider their claims for appointments in the light of the unreported judgment dated 9th April, 2013 passed by the Division Bench in FMA 102 of 2013 (Susama Roy Pramanik & Ors. v. The State of West Bengal & Ors.) wherein direction was issued on the authorities to consider the claim of the appellants therein for appointment to the post of workers against the vacancies which occurred during the validity of the panel.

(2.) It is submitted by Mr. K.K. Maitra, the learned senior advocate, appearing on behalf of the petitioners that though the panel of Anganwari workers, published on 16th June, 2007 had expired on 16th June, 2010 after an extension, in view of the judgment of the Division Bench, appropriate order may be passed. In this regard reliance has been placed on the judgments of the Apex Court in K.I. Shephard v. Union of India, 1988 AIR(SC) 686 in Tamil Nadu Khadi and Village Industries Board v. M.S. Krishnaswamy & Ors., 2001 6 Supreme 45, Maharaj Krishan Bhatt & Anr. v. State of Jammu & Kashmir & Ors., 2008 2 SCC(L&S) 783 and on the judgment of the Division Bench of the Allahabad High Court in Neeraj Chaurasia & Anr. v. Uttar Pradesh Power Corporation Ltd. & Anr, 2012 5 ESC 2905 .

(3.) Learned advocate appearing on behalf of the State submits that as the panel had lapsed on 16th June, 2010 after extension and thereafter this writ petition has been affirmed on 10th June, 2013, no order may be passed.