Shipra Mondal v. State Of West Bengal And ORS.
106 02.02.2023 Sc Ct. no.22 WPA 483 OF 2023 -------------- Shipra Mondal Vs.
The State of West Bengal & Ors.
Mr. Anjan Bhattacharya Ms. Anita Shaw.
...For the Petitioner Two affidavits-of-service, filed in Court today, are taken on record.
Despite notice, none appears for the respondents nor any accommodation has been sought for.
Relying upon a document dated September 27, 2022 at page 22 to the writ petition, Mr. Anjan Bhattacharya, learned counsel appearing for the petitioner, viz. Shipra Mondal submitted that his client sought for transfer from Hazratpur Junior High School and the application for transfer remained stalled since March 23, 2022 as would be appearing from the previous order dated June 22, 2022 passed by a coordinate Bench in a previous writ petition, WPA 6967 of 2022. By a communication dated July 5, 2022 at page 21 to the writ petition the respondent no.8 requested the respondent no.3 to search out an alternative arrangement in place of the petitioner in terms of the direction made by the coordinate Bench mentioned above.
The said communication dated September 27, 2022 issued by the respondent no.3 spoke out the vacancy status for mutual transfer at page 22 to the writ petition.
It is pertinent to note that this transfer application was submitted by the petitioner much prior to the suspension of the Utsashree portal and as such, the case of the petitioner is not governed by the executive decision of the State for suspension of the Utsashree portal. In view of the above, to subserve justice, the respondent no.2 is directed to consider the case of the petitioner in the light of the said document dated September 27, 2022 at page 22 to the writ petition and to pass a reasoned order strictly in accordance with law. The entire exercise has to be carried out and completed by the respondent no.2 positively within a period of four weeks from the date of communication of this order.
The respondent no.2 then shall communicate his reasoned order to the petitioner and the respondent no.3 within a further period of two weeks from the date of the reasoned order to be passed. In the event the reasoned decision goes in favour of the petitioner, the respondent no.3 shall carry out all the necessary and consequential steps in accordance with law positively within a further period of four weeks from the date of receipt of the said reasoned order from the respondent no.2 and inform the petitioner.
Since affidavits are not called for, the allegations made in the writ petition are deemed not to have been admitted by the respondents.
On the above terms the writ petition, WPA 483 of 2023 stands disposed of, without any order as to costs. Photostat certified copy of this order, if applied for, be furnished expeditiously.
(Aniruddha Roy, J.)