Extracted from the PDF above. The PDF is authoritative.
11-09-2026 rpan/171 W. P. A. 7655 of 2026 Anuara Bibi -Versus- The State of West Bengal & Others Mr. Partha Sarkar, Mr. Abhijit Basu, Ms. Megha Sarkar … for the Petitioner. Mr. Naba Kumar Das … for the State/Respondent Nos.1 & 2. Ms. Oisani Mukherjee … for the Respondent no.5. 1. Affidavit-of-service, as filed, be kept with the record. 2. By way of presenting the writ petition, the writ petitioner is seeking a direction upon the respondent no.2 to engage her in the post of Sahayika at Old Malda Municipality. It is the case of the petitioner that she was appointed in the post of Shishu Shiksha Sahayika at Old Malda Municipality on yearly contractual basis in the year 2008 and she had been discharging her duties uninterruptedly at the said post. The agreement/contract of the petitioner in the said post of Sahayika was renewed till 2014, as it appears from page 41 of the instant writ petition, in which it is also revealed that the petitioner duly signed at the attendance register till 2014. 3. Thereafter, all of a sudden her remuneration has been stopped on and from the year 2015 and she came
to know that the Director of Local Bodies, Government of West Bengal informed the Chairman of the Municipality, including the Old Malda Municipality that since 2014-2015 the renewal of agreement/service of Sahayika cannot be approved/renewed who is/are under aged. Accordingly, the municipal authority did not allow her to continue the said post. 4. Mr. Sarkar, learned advocate appearing on behalf of the petitioner submits that according to the guidelines, issued by the Special Secretary to the Government of West Bengal that all aspiring candidate will be eligible for the post concerned when he/she reaches 40 years of age. 5. The petitioner submitted her representation before the competent authority on 16th March, 2026 and she has crossed 40 years of age. 6. It is submitted that the municipality has published a notification declaring five vacant posts for Sahayika which is to be filled by the eligible candidates. 7. Learned advocate appearing on behalf of the respondent authorities that they are ready and willing to consider the petitioner’s representation. 8. Heard the learned advocates appearing for the respective parties and perused the materials on record. 2
9.
This Court observes that various orders have been passed by the different co-ordinate Benches of this Court directing the concerned authority to consider the cases of reengagement in the post of Sahayika. 10. In the light of the submissions made, without expressing any opinion on merits of the claim of the petitioner, this Court directs the Director of Local Bodies, being the respondent no.2 to consider the reengagement of the petitioner strictly in accordance with the law, in the light of the clause 7(a) of the modified guidelines, issued on 30th May, 2025 for the post of Sishu Shiksha Karmasuchi, in the municipal area, after giving an opportunity of hearing to all the interested parties within twelve weeks from the date of communication of this order and to communicate the decision to the petitioner within two week thereafter. 11. Needless to mention that this Court has not gone into the merits of the case of the petitioner. 12. Since no affidavit is called for, allegations levelled in the writ petition are deemed to have been denied. 13. In view of the above, the present writ petition, being WPA 7655 of 2026 is disposed of. 14. Urgent photostat certified copy of this order, if applied for, be supplied to the parties, upon compliance of all requisite formalities. 3
(Atarup Banerjee, J.) 4