LAWS(CAL)-2013-1-95

SHRABANI BHATTACHARYA Vs. STATE OF WEST BENGAL

Decided On January 17, 2013
Shrabani Bhattacharya Appellant
V/S
STATE OF WEST BENGAL Respondents

JUDGEMENT

(1.) Affidavit of service filed in Court today be kept on record.

(2.) The petitioner was selected as an Anganwadi worker under the Child Development Project Officer, Pandua ICDS Project Scheme, District- Hooghly, based on an advertisement issued sometime in the year, 2007. Consequently, she was issued an engagement letter by the concerned Child Development Project Officer on 7th August, 2007, acceptance of which was based on certain terms and conditions that were specifically stated therein. It was clearly stated in the said letter that in the event the writ petitioner was agreeable to the specific terms and conditions, she could contact the office of the Child Development Project Officer within 7th August, 2007, for the purpose of being engaged as an Anganwadi worker.

(3.) The petitioner's exact date of engagement as an Anganwadi worker has not been stated anywhere in the writ petition. However, it appears that on 26 th September, 2007, the concerned Child Development Project Officer issued another memo instructing the petitioner to affirm an affidavit before the Executive Magistrate within 15th October, 2007, proforma whereof was attached thereto. Perusing the proforma affidavit, it appears that the writ petitioner was supposed to declare, inter alia, that "I have not passed Graduation or any other higher degree examination before 5th July, 2006." The petitioner never submitted such an affidavit, in terms of the memo dated 26th September, 2007, which was required by the concerned Child Development Project Officer. Consequently, by a memo dated 26th September, 2008, the petitioner's engagement as an Anganwadi worker was terminated. The said memo dated 26th September, 2008, is now the subject matter of challenge in the present writ proceeding.