Smt. Nilu Rani Dey (Atta) vs State Of West Bengal & Ors
2024 Latest Caselaw 4950 Cal

Calcutta High Court (Appellete Side)

Smt. Nilu Rani Dey (Atta) vs State Of West Bengal & Ors on 24 September, 2024

Author: Joymalya Bagchi

Bench: Joymalya Bagchi

Sl. No. 100




                IN THE HIGH COURT AT CALCUTTA
                      CIVIL APPELLATE JURISDICTION
                             APPELLATE SIDE
Present:
The Hon'ble Justice Joymalya Bagchi
                  And
The Hon'ble Justice Gaurang Kanth

                             FMA 321 of 2022
                              CAN 1 of 2021
                          Smt. Nilu Rani Dey (Atta)
                                    Vs.
                          State of West Bengal & Ors.


For the Appellant                      :   Mr. Kamalesh Bhattacharya
                                           Mr. Pradip Paul
                                           Ms. R Dey

For the State                          :   Mr. Jaharlal De
                                           Mr. Shamim Ul Bari



Heard on                           :       24.09.2024


Judgment on                        :       24.09.2024



Joymalya Bagchi, J.:-

    1.

Appellant contends she was the second empanelled candidate and

was to be appointed after the first candidate was found ineligible. In

the earlier writ petition, appointment of the first empanelled

candidate had been set aside at her behest. Accordingly, she is

entitled to appointment.

2. Mr. De for the State contends appellant is not an empanelled

candidate and could not have been appointed.

3. In response, Mr. Bhattacharya contends appellant had averred in

the earlier writ petition she is the second empanelled candidate and

on the strength of such averment order came to be passed.

4. One Nilima Maity had been appointed as ASHA Karmee in

Kharagpur Block II. Appellant assailed her appointment on the

ground she was neither a widow nor a divorcee as per the criteria

laid down in the advertisement. Hon'ble Single Judge allowed the

writ petition and cancelled appointment of Nimila Maity. By the

selfsame order the second empanelled candidate was directed to be

appointed in her place and steed.

5. Accordingly, one Soma Rani Atta was appointed to the post.

Appellant challenged her appointment on the ground she was the

second empanelled candidate and was entitled to appointment.

Hon'ble Single Judge perused the names of candidates who were

empanelled and found that the appellant's name does not feature at

all. Under such circumstances the writ petition was dismissed.

6. During hearing Mr. Bhattacharya is unable to place on record any

document to show that she had been empanelled for the said post.

He relies on the averments in the writ petition which are not

supported by any contemporaneous document. In such view of the

matter we are of the opinion appellant was not empanelled for

appointment at all and had made false averments to that effect in

the earlier writ petition.

7. Accordingly, the appeal is dismissed.

8. Ordinarily we would have penalized the appellant by imposing cost

but we note that she is a lady and comes from an economically

weaker section of society. Hence, we refrain from imposing costs on

her.

9. Urgent Photostat certified copy of judgment, order if applied for be

given to the parties on compliance of all formalities.

I agree.

(Gaurang Kanth, J.)                               (Joymalya Bagchi, J.)




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