15.09.2022 IN THE HIGH COURT AT CALCUTTA
Ct. no.21 CONSTITUTIONAL WRIT JURISDICTION
Sl. No.19 APPELLATE SIDE
Sanjay
WPA 20141 of 2022
Ashima Khatoon
Vs.
Union of India & Ors.
Mr. Giasul Islam ....for the petitioner.
Mr. Arjun Ray Mukherjee,
Ms. Sucharita Paul,
...for the State respondents.
Ms. Susmita Saha Dutta ....for the respondent no.1.
Affidavit of service filed in Court today be taken on record.
The writ petitioner is a retired Anganwadi Worker who was in service from December 23, 1975 to May 31, 2014.
Mr. Islam, learned counsel appearing on behalf of the petitioner relies on a Circular dated September 30, 2020 issued by the Government of West Bengal, Women and Child Development and Social Welfare Department. In the said Circular the Governor was pleased to award in public interest a One Time Terminal Grant of Rs.3,00,000/- to each and every Anganwadi Worker and Anganwadi Helper "whose services from honorary works will be terminated on the last date of the month in which she will attain the age of 65 years, from 30.09.2020 and onwards." 2 Mr. Islam, learned counsel, appears on behalf of the petitioner and submits that the writ petitioner reached the age of 65 years before September 30, 2020 and hence she is entitled to receive such benefits. He also relied on several judgments of the Hon'ble Apex Court of India in support of his claim.
Ms. Saha Dutta, learned counsel, appears on behalf of the respondent no. 1.
Mr. Ray Mukherjee, learned counsel, appears on behalf of the State respondents and submits that Anganwadi Workers who attained the age of 65 years on an from September 30, 2020 are only entitled to the benefits given under the Circular dated September 30, 2020.
After considering the rival submissions of the parties and the materials on record, I direct the Principal Secretary, Government of West Bengal, Women & Child Development and Social Welfare Department to file a report on affidavit explaining the issue in question by November 3, 2022, exception, if any, to the said report be taken by November 10, 2022. Parties are directed to exchange advance copies of their affidavits.
Let this matter appear for further consideration under the heading "Motion" in the list on November 14, 2022.
3
All parties shall act on the server copies of this order duly downloaded from the official website of this Hon'ble Court.
(Lapita Banerji, J.)