Mousumi Das v. State Of West Bengal And ORS.

DL KC 22.01.2025 Ct.18 W.P.A. 1249 of 2025 Mousumi Das -vsThe State of West Bengal & Ors.

Mr. Sudip Ghosh Chowdhury, ....for the petitioner.

Mr. S. T. Mina, Mr. Debopriya Karan ....for the State.

Mr. Sunit Kumar Roy ....for the WBCSSC.

Ms. Koyeli Bhattacharyya Ms. Keya Panja ....for the WBBSE.

Affidavit-of-service filed on behalf of the petitioner is taken on record.

Matter relates to transfer of the petitioner on medical ground.

Learned advocate representing petitioner submits that application for transfer was made on 14th April, 2022 and same was forwarded by the School Authority to the District Inspector of Schools (SE), Hooghly. The concerned District Inspector of Schools (SE) in his turn on compliance of necessary formalities forwarded the same to the Office of the West Bengal Central School Service Commission on 13th May, 2022 for taking final

decision on the said transfer.

The grievance of the petitioner is in spite of forwarding transfer application to Commission far back on 13th May, 2022 till date no decision has been taken by the Commission.

Respondents are represented by learned advocates who have jointly submitted that perhaps due to suspension of Utsashree portal with effect from 29th September, 2022 contemporaneous decision on transfer application of petitioner could not be taken by the concerned authority of Commission.

However, the learned advocate representing the Commission submits that if direction is given upon the Commission the transfer application of the petitioner shall be decided in accordance with law.

Accordingly, writ petition stands disposed of directing the Chairman, West Bengal Central School Service Commission being respondent no.3 to decide the transfer application of the petitioner by eight weeks from the date of communication of this order in accordance with law.

The decision to be taken by the Chairman shall be communicated to the petitioner by ten

days thereafter.

However, it is made clear that suspension of Utsashree portal shall not be a ground for rejecting the transfer application of the petitioner. There shall be no order as to costs.

Urgent photostat certified copy of this order, if applied for, be given to the learned Advocates for parties on usual undertakings.

(Saugata Bhattacharyya, J.)