Sukla Kole v. State Of West Bengal And ORS.

Court No. 17 WPA 725 of 2022 Sukla Kole 17.02.2022 Vs.

The State of West Bengal & Ors.

(AD 288) (S. Banerjee) (Via Video Conference) Mr. Shuvro Prokash Lahiri ... for the petitioner Ms. Sanghamitra Nandy Mr. Rajaram Banerjee ... for the State Dr. Sutanu Kumar Patra Ms. Supriya Dubey ... for the SSC Mr. Rajorshi Bose Mr. Srinath Singha Roy ... for the respondent no. 6 Let the affidavit of service filed in court today be kept with the record.

Both the petitioner and the respondent have submitted fairly that if the petitioner makes a fresh application for transfer, the school will proceed with that immediately.

It has been submitted by the petitioner that the sent back applications and the withdrawn applications of teachers who filed application for transfer are also being counted by the school within the 10% rule of the amended rule of General Transfer, 2015 which is not to be done.

I am also of the same view that the applications which have been sent back by the authorities to the school and the applications which have been withdrawn, should not be covered by the said 10% rule and the school is directed to take steps keeping in mind this observation and taking immediate steps for forwarding the application to the next higher authority. The entire process in respect of this transfer application is to be completed within a period of two weeks from the date of communication of this order.

The petitioner has the liberty to file a fresh application for transfer.

With the observation and direction above, this writ application stands disposed of.

All parties are directed to act immediately on the basis of a server copy of this order without insisting on a certified copy.

(Abhijit Gangopadhyay, J.)