Syed Mahammad Abu Teleb v. State Of West Bengal And ORS.
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12.02.2025 12.02.2025 Ct. No. 18 (ARPAN) W.P.A. 453 of 2025 Syed Mahammad Abu Teleb Vs.
The State of West Bengal & Ors.
Mr. Ujjal Ray Sk. Abdur Rahim ...for the Petitioner Mr. Rudranil De Mrs. J. Das ...for the State Mrs. Supriya Dubey ...for W.B.C.S.S.C Affidavit-of-service filed on behalf of the petitioner is taken on record.
Petitioner is an Assistant Teacher in a Government aided secondary school who applied for transfer on general ground. The grievance of the petitioner is that his transfer application which was made on Utsashree portal was sent back by the District Inspector of Schools (S.E.), Purba Bardhaman being respondent no.5 to the school where petitioner is presently serving.
Learned advocate for the petitioner relies upon Government notification dated 3rd January, 2022 issued by the Additional Secretary to the Government of West Bengal and submits that if petitioner is found to be a single teacher in the subject in the school, respondent no.5 ought to have made an effort to find out a teacher from neighbouring school who can be deputed in the place of petitioner temporarily till regular teacher joins the resultant vacancy.
State respondent and West Bengal Central School Service Commission are represented by learned advocates.
It is submitted on behalf of the State respondents that in the event of processing transfer application of a single teacher in a school 3rd January, 2022 notification needs to be followed.
Having considered the respective submissions made on behalf of the parties, writ petition stands disposed of directing the respondent no.5 to make an endeavour to find out a suitable teacher from neighbouring school who can man the post of the petitioner temporarily till regular incumbent joins the post. If such alternative arrangement is made, petitioner shall be transferred in accordance with law.
Urgent photostat certified copy of the order, if applied for, be given to the parties, upon usual undertakings.
(Saugata Bhattacharyya, J.)