RITA MAJUMDAR (DAS) Vs. STATE OF WEST BENGAL

JUDGEMENT

(1.) The two appeals being F.M.A. 109 of 2012 and F.M.A. 110 of 2012 have been taken up for hearing together. F.M.A. 109 of 2012 arises out of W.P. 10505(W) of 2010 and F.M.A. 110 of 2012 arises out of W.P. 15159(W) of 2010. The appellant in both the appeals is the writ petitioner in W.P. 10505(W) of 2010 and the respondent No. 8 in W.P. 15159(W) of 2010. The aforesaid writ petition being W.P. 10505(W) of 2010 was filed by the appellant with a prayer that direction may be given upon the Chief Medical Officer, Balurghat to issue an appointment letter to the appellant for the post of Auxiliary Nurse and Midwife at Alipore Sub-Health Centre under II No. Changispur Gram Panchayat. The case of the appellant was that the authorities concerned issued a Notification on 29.8.2008 in a daily newspaper inviting applications from eligible candidates for the post of Auxiliary Nurse and Midwife in various Sub-Health Centre in the District of Dakshin Dinajpur. Pursuant to the said Notification the appellant had applied and it also appears that the respondent No. 9 in W.P. 10505(W) of 2010 had also applied for the said post. It may be recorded here that the respondent No. 9 in the said writ petition is the writ petitioner in W.P. 15159(W) of 2010. The case of the appellant was that a panel of three candidates was prepared and the petitioner secured the second position in the said panel while the petitioner in W.P. 15159(W) of 2010 i.e. Arundhati Mahata (Mandal) secured the first position in the said panel. The appellant i.e. Rita Majumder (Das) felt aggrieved by the preparation of such panel and she made a complaint before the District Magistrate, Dakshin Dinajpur, Balurghat. The said District Magistrate heard both the parties i.e. Rita Majumder (Das) and Arundhati Mahata (Mandal) and ultimately by an order dated 15.7.2010 found that the said Arundhati Mahata (Mandal) could not prove that her name was enrolled in the electoral roll of Sontara and as such she could not justify her permanent residence at Sontara which was one of the eligibility criteria for selection to the said post. Accordingly, the said District Magistrate found that the said Arundhati Mahata (Mandal) cannot be treated as a permanent resident of Sontara and directed that the said Arundhati Mahata (Mandal)'s appointment to the post of Auxiliary Nurse and Midwife for the said centre be terminated immediately.

(2.) In the context of the said order dated 15.7.2010 passed by the said District Magistrate, Rita Majumder (Das) filed the writ petition being W.P. 10505(W) of 2010 with the above prayer. Arundhati Mahata (Mandal) filed the aforesaid writ petition being W.P. 15159(W) of 2010 with a prayer that the said order dated 15.7.2010 passed by the said District Magistrate be rescinded and/or cancelled and/or withdrawn. Both the aforesaid writ petitions were taken up for hearing together by an Hon'ble Single Judge and by an order dated 2.2.2011 was pleased to dismiss the said W.P. 10505(W) of 2010 and allow the said W.P. 15159(W) of 2010 with a finding that the said District Magistrate could not have said that the said Arundhati Mahata (Mandal) cannot be treated as a permanent resident of Sontara.

(3.) Rita Majumder (Das) has challenged the said order in the two appeals before us. The appellant in both the appeals has filed a supplementary affidavit and the said Rita Majumder (Das) has stated that she had filed an application for obtaining information under the Right to Information Act, 2005 during the pendency of the appeal before the authority concerned. She has further stated that on 30.11.2013 the Block Medical Officer, Health & Member Secretary, Block Health & Family Welfare Samity, Khaspur Rural Hospital, Dakshin Dinajpur has issued a letter supplying the necessary information. It appears from the annexures to the said supplementary affidavit that the appellant did make such application before the authority concerned and it also appears that the said Arundhati Mahata (Mandal) had written a letter dated 19.10.2013 to the Block Medical Officer of Health of the Block concerned indicating that she intends to resign from her post on 18.11.2013 as she has been selected for the post of U.D.C. (C.P.W.D.) and her reporting date was expected to be on 19.11.2013 to the new post. It further appears from a copy of the said letter that her request was accepted by the authority concerned and the B.M.O.H. & Member Secretary, Block Health and Family Welfare Samity, Khaspur Rural Hospital, Dakshin Dinajpur by a letter dated 30.11.2013 informed the State Public Information Officer, Office of the District Magistrate, Dakshin Dinajpur, Balurghat with a copy of the said letter to the appellant to the effect that the said Arundhati Mahata (Mandal) is not attached to the Alipore Sub-Health Centre under Khaspur Rural Hospital from 19.11.2013 and a photocopy of the accepted resignation letter of the said Arundhati Mahata (Mandal) was also enclosed with the said letter.