W.P. No. 29122(W) of 2015. Case: Rozi Begam Vs State of West Bengal and Ors.. High Court of Calcutta (India)

Case NumberW.P. No. 29122(W) of 2015
CounselFor Appellant: Moniruzzaman, Adv.
JudgesSahidullah Munshi, J.
IssueCivil Procedure Code
Judgement DateMarch 24, 2017
CourtHigh Court of Calcutta (India)

Judgment:

Sahidullah Munshi, J.

  1. This writ petition is at the instance of an alleged 'Sahayika' of a Sishu Siksha Kendra named as Dakshin Nagar Sishu Siksha Kendra (hereinafter referred to as the 'said SSK'). The petitioner has challenged two orders dated 21st September, 2015 and 29th October, 2015, passed by the Mission Director, respondent No. 2. These orders were passed in terms of an order passed by a Division Bench of this Hon'ble Court in M.A.T. No. 1136 of 2014 with A.S.T. No. 177 of 2004. The order of the Division Bench is set out below:

    ...The facts are too ugly. There are allegations and counter-allegations for defalcation of State funds. Still, the authority is slow in taking action against the erring persons. The learned Judge has directed investigation that would deserve no interference. Instead of Sub Divisional Officer, Kandi, let the Mission Director, Paschim Banga Rajya Sishu Sisksha Mission, investigate into the affairs of the Siksha, Sanskriti Tathya O Krira Stahiee Samity thoroughly and remove all illegalities those are apparent on the face of the record. Till then, no disbursement must be made either to the Appellant in M.A.T. No. 1136 of 2014 or the other Appellants in A.S.T. No. 177 of 2014. Since the issue is long standing, we would request the said Director to expedite the process and pass a reasoned order preferably within two months from date to be communicated to all concerned after fixing the responsibility. The Mission Director, Paschim Banga Rajya Sishu Sisksha Mission, must take appropriate punitive steps against the erring persons....

  2. The case made out by the writ petitioner in her writ petition is as follows:

    1. A Sishu Siksha Kendra (SSK) was established in 2004 by the local people of Nagar since there was no other school within one kilometer of the area. Two villagers donated some land to the local Gram Panchayat Samity vide a Deed of Gift dated 27th April, 2005. According to the petitioner, the SSK is situated on the said piece of land. A copy of the Gift Deed is annexed to the writ petition.

    2. A sum of Rs. 1,20,260/- (Rupees One Lakh Twenty Thousand Two Hundred Sixty) was sanctioned and disbursed in favour of the Secretary, Dakshin Nagar Sishu Siksha Kendra vide Memo No. 2549/G/E HS dated 20th December, 2005 for construction of a building for the concerned SSK.

    3. A copy of the sanctioned Memo issued by the Deputy Secretary, Murshidabad Zilla Parishad has been annexed to this writ petition under Annexure P-3 collectively. One Bela Dutta and Mustafa Kemal were already working as 'Sahayika' and 'Sahayak' respectively in the said SSK.

    4. The said Bela Dutta, having left her service in the year 2007 and because of discharge of one Mustafa Kemal by an order of the Block Development Officer, vacancies arose and advertisement was issued keeping in view the prevalent rules and regulations to which the petitioner/respondent was duly selected for the post of 'Sahayika' in the year 2009-10.

    5. Resolution was adopted for appointment of the petitioner. Agreement was executed on 23rd July, 2009 in which petitioner as well as the Secretary and President of the said SSK put their respective seals and signatures. A letter of appointment was also issued in favour of the petitioner on 23rd July, 2009. Appointment letter of the petitioner was issued by the Sabhapati, Dakshin Nagar Sishu Siksha Kendra, countersigned by the Secretary of the said SSK and the same was approved by the Pradhan, Kirtipur Gram Panchayat.

    6. She received honorarium regularly till the month of February, 2010 as 'Sahayika' but thereafter, no payment has been made, however, she kept working in spite of discontinuation of payment of honorarium.

    7. Owing to certain disputes regarding the continuation of the said SSK, concerned Block Development Officer issued an...

To continue reading

Request your trial

VLEX uses login cookies to provide you with a better browsing experience. If you click on 'Accept' or continue browsing this site we consider that you accept our cookie policy. ACCEPT