Md. Aminul Islam v. State Of West Bengal And ORS.
22.01.2025 Ct. No. 18 adeb W.P.A. 1094 of 2025 Md. Aminul Islam Vs.
The State of West Bengal & Ors.
Mr. Sudip Ghosh Chowdhury ...for the Petitioner Mr. Srijan Nayak Mr. Dipankar Dasgupta ...for the State Mr. Koyeli Bhattacharyya Mr. Bibek Dutta Ms. Keya Panja ...for the WBBSE Mr. Sunit Kr. Roy ...for the SSC Affidavit of service filed on behalf of the petitioner is taken on record.
Matter relates to transfer of the petitioner on the ground of distance in between the present school of the petitioner and his place of residence. Petitioner is working as headmaster of Nazirpur Esserpara High School (HS), Murshidabad. Petitioner preferred an application on Utsashree Portal on 24th January, 2022 seeking transfer and same was forwarded by the school authority on 24th January, 2022 to the concerned District Inspector of Schools (SE) for taking further steps. Transfer application of the petitioner was processed by the District Inspector of Schools and same was forwarded to the West Bengal Central School Service Commission on 24th January, 2022 for taking
final decision. Grievance of the petitioner is in spite of receipt of transfer application through Portal far back on 24th January, 2022 till date same has not been decided.
Respondents are represented by learned advocates who have jointly submitted due to suspension of Portal with effect from 29th September, 2022 contemporaneous decision could not be taken on transfer application of the petitioner.
However, on behalf of West Bengal Central School Service Commission it is submitted if concerned authority is directed transfer application of the petitioner shall be decided accordingly.
Having considered the submissions made on behalf of the parties writ petition stands disposed of directing Chairman, West Bengal Central School Service Commission being respondent no. 3 to decide the transfer application of the petitioner in accordance with law by 8 (eight) weeks from the date of communication of this order and decision to be communicated to the petitioner by 10 (ten) days thereafter.
It is made clear that suspension of Portal shall not be ground to reject the transfer application of the petitioner. If vacancies which were indicated in the transfer application are found to be filled up, Chairman shall be at liberty to find out suitable available vacancy where petitioner can be transferred.
Urgent photostat certified copy of the order, if applied for, be given to the parties, upon usual undertakings.
(Saugata Bhattacharyya, J.)