IN THE HIGH COURT AT CALCUTTA
Rabindranath Samanta, J.
Sandhya Maity (Majee) – Petitioner
Versus
The State of West Bengal & Ors. – Respondents
WPA No. 22686 of 2018
Decided On : 02-05-2023
Constitution of India,1950 - Non-disbursement of her honorarium as a Sahayika - Seeking renewal of her engagement - Petitioner was not allowed to sign the attendance register and she was prevented from discharging her duties. Though honorarium was not paid to her, the petitioner performed her duties - Held, Petitioner joined her new assignment on transfer on - Since engagement of petitioner remained force all along since as ratified by official actions of Block Development Officer and Sub Divisional Officer she is entitled to get arrear honorarium which was payable to her for period - Since she was denied her legal entitlements in time she is entitled to get interest as compensatory dues - Petition Disposed of.
JUDGMENT :
Rabindranath Samanta, J.
1. Feeling aggrieved by the non-disbursement of her honorarium as a Sahayika for a period from December, 2008 to 5th September, 2016, the petitioner has approached this Court by preferring this writ petition.
2. This writ petition has a chequered background. The facts which led to the filling of the writ petition may be adumbrated as under:
3. During the period from December 2008 to 5th September, 2016 disturbances broke out relating to renewal of her engagement and disbursement of honorarium to her. The classrooms of the Shishu Shiksha Kendra were locked on 8th November, 2008 and this incident was reported to the Block Development Officer on 10th November, 2008. Sometime classes were conducted at the house of Panchayat Member. The petitioner was not allowed to sign the attendance register and she was prevented from discharging her duties. Though honorarium was not paid to her, the petitioner performed her duties.
4. Seeking renewal of her engagement for the period 2009-10 and 2010-11 and disbursement of her arrear honorarium since December 2008 the petitioner preferred a writ application being W.P. No. 6044(W) of 2010 before this Court. By an order dated 14th May, 2010 the writ petition was disposed of by a learned Single Bench directing the concerned Block Development Officer to dispose of the representation dated 17.03.2010 of the petitioner within a specified time. In compliance thereof the Block Development Officer after conducting a hearing disposed of her representation by an order dated 02.07.2010. By the order the Block Development Officer, Chandipur Development Block directed the Managing committee of the Shishu Shiksha Kendra to renew the contract of the petitioner for the year 2009-10 and pay the arrear honorarium to her. The Managing Committee was also asked to reconsider the renewal of agreement of the petitioner for the year 2010-11. But, the order dated 02.07.2010 passed by the Block Development Officer was not complied by the Managing Committee of the Kendra. In such backdrop, the petitioner filed an another writ application being W.P. No. 20217(W) of 2010 seeking direction upon the Secretary of the Shiksha Kendra to comply the order dated 02.07.2010 passed by the Block Development Officer and renew her engagement for the years 2009-10 and 2010-11. By an order dated 21.03.2011the writ petition was disposed of by a learned Single Bench directing the Block Development Officer to dispose of the petitioner’s representation dated 30.08.2010 within a specified time. By order dated 17.05.2011 the Block Development Officer disposed of the representation of her directing the Managing Committee of the Shiksha Kendra to renew the agreement of the petitioner and pay her honorarium which was admissible to her.
5. Interestingly, the Managing Committee of the Shishu Shiksha Kendra, instead of obeying the order of the Block Development Officer, preferred a writ petition being W.P. No. 10084(W) of 2011 challenging the order dated 17.05.2011 of the Block Development Officer. But, when the matter came up for hearing on 10th August, 2016 none represented the petitioner and accordingly the writ petition was dismissed for default.
6. By making a representation on 4th May, 2015 to the Executive Officer, Panchayat Samity, the petitioner complained that she went to the Shishu Shiksha Kendra on 24.04.2015 to perform her duties, but she was not allowed to join by the Mukhya Sahayika. Frustrated by the obstinate action on the part of the Shiskha Kendra, the petitioner requested the Block Devel
The withdrawal of engagement must follow the proper procedure as outlined in the relevant government order, and the principle of res-judicata applies to writ petitions.
Authorities cannot disengage an employee based on their own errors during selection; principles of estoppel and approbation/reprobation apply.
Estoppel principle applies to prevent authorities from disengaging an appointed individual based on erroneous internal assessments, unless fraud or misrepresentation is proven.
An order dismissing a writ petition on technical grounds, such as being misconceived, will not operate as res judicata in respect of a subsequent proceeding filed on the self-same subject matter remo....
The court established that procedural compliance with government schemes is essential for valid engagement in public service roles.
Termination of service requires clear allegations and adherence to due process, including the right to a fair hearing.
The central legal point established in the judgment is the interpretation and application of the Government Orders dated 1st January, 2010 and 23rd April, 2010 in regulating the engagement of Sampras....
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