Form No. J(2)

ML. 22

b.r.

IN THE HIGH COURT AT CALCUTTA

CONSTITUTIONAL WRIT JURISDICTION

APPELLATE SIDE

Present:-

The Hon’ble Justice Aniruddha Roy

WPA 10164 of 2025

Sazida Khatun

-vs-

The State of West Bengal & Ors.

For the petitioner : Mr. Moniruzzaman

Mr. Jahangir Badsha

For the State-Respondents : Mr. Sk. Md. Galib

Mr. Alok Banerjee

Heard On : 08.08.2025 Judgement on : 08.08.2025

Aniruddha Roy,J. :

Facts:

1 This is the second round of writ litigation arising from the self-same

issue.

2. The writ petitioner initially was engaged as ASHA Karmee under Eroali Gram Panchayat, Murshidabad in the year 2008 on the basis of the relevant

selection process. Due to her illness, the petitioner failed to continue with the service.

3. The writ petitioner submitted a representation dated March 17, 2017 at page-31 to the writ petition. The said representation, inter alia, states that petitioner was engaged on February 8, 2008, then during the period February 22, 2008 till February 28, 2008, she had under gone the necessary training. After the training, she had done some survey works. Then suddenly due to some arterial decease at her limbs, the petitioner started with severe sufferings. The work place, being the relevant sub-centre, was 7 KMs away from the residence of the petitioner and the roads not being proper, the entire stretch was to be walked upon by the petitioner and ultimately she became unable to walk for the said entire stretch. Finally she left the job. The said representation of March 2017 further reveals that after a prolonged treatment, she became fit. She has two children and the husband had not sufficient financial means.

Hence, she made a prayer for resumption of her service.

4. By an order dated May 16, 2017 passed by a Co-ordinate Bench, annexure R-3 at page 33 to the writ petition, in the previous writ petition, WP NO. 13955(W) of 2017, the appropriate authority was directed to consider the said representation dated March 17, 2017 and to take a reasoned decision thereupon after granting an opportunity of hearing to the petitioner or her authorized representative and then to communicate the reasoned decision to the petitioner.

5. A communication dated November 4, 2017, annexure R-4 at page-35 to the writ petition issued by the Block Medical Officer shows that pursuant to the direction of the said Co-ordinate Bench, the petitioner had placed the relevant documents for the reason she is eligible for joining of the said post of ASHA.

6. Ultimately, the Block Medical Officer after granting an opportunity of hearing to the petitioner, has passed the impugned order dated January 15, 2025, annexure p-6 at page-39 to the writ petition and same has been assailed by the petitioner through the instant writ petition.

7. The relevant observations from the said impugned order are quoted below:-

“ Accordingly, this hearing was held on 02nd January, 2025 at 12P.M. in the office of the chamber of the undersigned with the petitioner Sazida Khatu, W/o-Hafiz Md. Ibrahim of Vill+ Post-Ayrah, P.S./ Khargram, dist-Murshidabad along with Dr. Nityananda Gain, Medical Officer [the then BMOH].

The above mentioned petitioner as well as the then respective BMOH attended the said hearing and filled their attendance.

The petitioner Sazida Khatun has submitted her statement in written about her claim.

It may be noted that I joined as BMOH Khargram on

15.06.2020 and due to non availability of documents/file undersigned can’t communicate with the petitioner Sazida Khatun which is inadvertent mistake to comply the order of Honi’ble Justice Samapti Chatterjee of the High Court, Calcutta dated 16.05.2017.

Any documents about her completion of training as well as any performance about her served are not found.

After hearing and read with written statement of petitioner it seems that as per Memo. No. HFW/NRHM/20/06/Pt.11/3019 dated 19.05.14 of the Mission Director, NHM and Secretary to Govt. of West Bengal, she will not be eligible to continue as ASHA as she has un- traceable for a long pe