- (1.) These appeals no. M.A.T. 1731 of 2011 and M.A.T. 1730 of 2011 at the instance of the writ petitioners arise out of order dated 22.07.2011 passed in W.P. No.11291 (W) of 2009 and W.P. No.11292 (W) of 2009 respectively, by which the Learned Single Judge was pleased to dismiss the writ petitions. It is submitted from the Bar that the facts of both the appeals are similar and as such both the appeals are disposed of by this common judgment.
(2.) The appellants joined as Anganwadi Helper in the month of November, 2003 under Child Development Project Officer, Khejuri-I Panchayat Samity for doing voluntary work on monthly honorarium of Rs.500/- and additional honorarium of Rs.200/- per month. While the appellant of M.A.T. 1731 of 2011 joined in Centre No.119 Katari Bidyarthi Club, the appellant of M.A.T. 1730 of 2011 joined at the Centre No.120, Katari Prathmik Vidyalaya. The case of the appellants is that they were unable to attend to their respective Centres due to political disturbance. On 17.06.2009 the appellants submitted representation to the respondent no.3 praying for necessary arrangement, so that they can report to their respective Centres for performance of duty on the ground that their houses were demolished and they were driven out from their residence. On 22.06.2009 the appellants again submitted representation to the respondent no.3 praying for protection, so that they may report to their respective Centres for performance of duty on the ground that they have been driven out from their residence and they have been residing in the relief camp. On 24.06.2009 the appellants submitted a representation before the respondent no.6 praying for granting leave of 15 days on the ground that they are unable to attend to the Centre due to political disturbance and that they have been residing in the relief camp. Ultimately, the appellants filed separate writ applications praying for providing protection to the appellants to attend the Centres for performance of duty as Anganwadi Sahayika and for direction to the respondents to dispose of the representation submitted by the appellants praying for leave for a period of 15 days. The writ applications were dismissed by the Learned Single Judge by passing order on 22.07.2011.
(3.) The relevant portion of the order passed by the Learned Single Judge in the writ petitions on 22.07.2011 is as follows: "The report of the District Magistrate, Purba Medinipur, be kept on record. Upon perusing the same it appears that upon receipt of the writ petitioner's representation dated 17th June, 2009, the District Magistrate had directed the concerned Child Development Project Officer, being the respondent no.6, to look into the matter and came to know that except two Anganwadi workers and three helpers out of 137 Anganwadi workers and 137 helpers, all others continued their services at the concerned Centre, being Centre No.119, Katari Bidyarthi Club. It is further stated by the District Magistrate that the writ petitioner did not leave any communicating address to the concerned Child Development Project Officer. So far as reinstatement of Voluntary Workers is concerned, the latest modified Government Memorandum dated 10th December, 2009, clearly states that no Voluntary Worker can enjoy leave for more than one year. That too, the same is applicable only in case of serious ailments warranting necessity of hospitalization or confinement to bed. The District Magistrate in his report has also specifically stated that as per existing Government Order reinstatement of the writ petitioner is not permitted. Having regard to the report of the District Magistrate, Purba Medinipur, as elucidated above, there is no scope for this Court to grant any relief to the writ petitioner for allowing her to attend the Centre where she was earlier working. The writ petition is liable to be dismissed and is accordingly dismissed.";