High Court dismisses writ petition by an Anganwari worker absent since 2015, reaffirming limits on Article 226 intervention in service matters
Summary
| Category | Data |
|---|---|
| Case Name | WPA/17255/2025 of Pampa Saha vs The State of West Bengal & Ors. |
| CNR | WBCHCA0350652025 |
| Decision Date | 18-08-2025 |
| Disposal Nature | Dismissed |
| Judgment Author | Hon’ble Justice Aniruddha Roy |
| Court | Calcutta High Court |
| Bench | Single Judge |
| Type of Law | Writ jurisdiction under Article 226 (service law) |
| Questions of Law | Whether the High Court can exercise writ jurisdiction to grant reinstatement in service matters where the petitioner has a prolonged unexplained and unauthorised absence and no illegality in the administrative decision is shown. |
| Ratio Decidendi | The court held that, in the absence of any prima facie illegality or procedural infirmity in the decision to treat the petitioner’s prolonged unauthorised absence as abandonment of post, Article 226 relief is not warranted in service matters. |
| Facts as Summarised by the Court | The petitioner, an Anganwari worker, remained absent without authorisation from 25 May 2015 to 22 September 2020, and filed representations on 22 September 2020 and 22 July 2025 for reinstatement, none of which the Gram Panchayat acted upon. |
Summary of Legal Reasoning
- The court recorded that the petitioner’s unexplained and unauthorised absence spanned over five years, with no evidence of leave or permission.
- It noted that representations for resumption of service (September 2020 and July 2025) were filed but remained unaddressed by the Gram Panchayat.
- Observing no violation of statutory procedure or jurisdictional error, the court concluded there was no basis to invoke its writ jurisdiction.
- It reaffirmed that Article 226 is not to be used to override administrative and service rules in the absence of any illegality, irrationality, or procedural infirmity.
Factual Background
Between 25 May 2015 and 22 September 2020, the petitioner, appointed as an Anganwari worker, remained absent without authorisation. She submitted a representation for reinstatement on 22 September 2020 and a further representation on 22 July 2025, but the Gram Panchayat took no action. The petitioner then filed WPA 17255/2025 under Article 226, seeking mandamus for her resumption. The High Court dismissed the petition for lack of merit, finding no jurisdictional error or illegality.