Ashima Khatoon vs Union Of India & Ors
2022 Latest Caselaw 6637 Cal

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."

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.

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.)