Krishna Mallick v. State Of West Bengal And ORS.

22.01.2025 (D/L 10) Ct.-19 (Susanta)

IN THE HIGH COURT AT CALCUTTA

CONSTITUTIONAL WRIT JURISDICTION APPELLATE SIDE W.P.A. 1361 of 2025 Krishna Mallick -VsThe State of West Bengal & Ors.

Ms. Papiya Chattopadhyay, .... For the Petitioner.

Mr. Santanu Kumar Mitra, Ld. Sr. Govt. Adv.

Mr. Subrata Das, .... For the State.

Mr. Bhaskar Prasad Vaisya, Mr. Nilay Baran Mandal, .... For the DPSC (Kolkata).

Mr. Ratul Biswas, Mr. Kaushik Chowdhury, .... For the WBBPE.

Affidavit-of-service filed on behalf of the petitioner be kept with the record.

The petitioner is an Assistant Teacher at Jodhpur Park Girls' High School (Primary) under Circle No. XII of Kolkata Primary School Council.

The Chairman of the said Council by the impugned order of transfer dated September 23, 2024 has placed the petitioner at Briji F.P. School under Tollygunge Circle of the said Council.

The petitioner, aggrieved by the said order of transfer, has preferred an appeal before the Board under Rule 10 of the West Bengal Primary Education (Transfer of Teachers including the Head Teacher) Rule, 2002.

In view of the availability of such an efficacious alternative relief and the petitioner since has availed it, W.P.A. 1361 of 2025 is dismissed as not maintainable. There shall be no order as to costs.

Disposal of the said appeal, if pending, be expedited. Parties to act on the server copy of this order duly downloaded from the official website of this Court. Urgent Photostat certified copy of this order, if applied for, be supplied to the parties subject to compliance with all requisite formalities.

(Biswajit Basu, J.)