Tanima Bhattacharya v. State Of West Bengal And ORS.

12.02.2025 Ct. No. 18 adeb W.P.A. 1362 of 2025 Tanima Bhattacharya Vs.

The State of West Bengal & Ors.

Ms. Gopa Biswas Ms. Sampriti Saha Ms. Swati Dey ...for the petitioner Mr. Prasanta Kumar Giri Mr. Krishna Deo Das ...for the State Mr. Sunit Kumar Roy ...for the SSC Ms. Koyeli Bhattacharyya Mr. Bibek Dutta ...for the WBBSE Affidavit of service filed on behalf of the petitioner is taken on record.

Learned advocate representing the petitioner prays for re-recommendation since she could not join the transferred post in terms of transfer order dated 26th February, 2021 issued by the President, West Bengal Board of Secondary Education.

It is further submitted that Commissioner of School Education made recommendation vide memo dated 26th February, 2021 and thereafter vide transfer order dated 26th February, 2021 petitioner was transferred to New Barrackpore Colony Girls High School. When petitioner went to join the school teacher-in-

charge of the said school vide letter dated 27th February, 2021 informed the District Inspector of Schools (SE) Barrackpore that the post where petitioner was transferred was not lying vacant. Petitioner prays for necessary direction for rerecommendation which would enable her to join another school on transfer.

Learned advocates representing the respondents have opposed the prayer of the petitioner since petitioner did not approach the authority within reasonable time seeking rerecommendation. It is also submitted by the learned advocate representing West Bengal Central School Service Commission that the issue needs to be re-considered by the Commissioner of School Education since recommendation was not made by the West Bengal Central School Service Commission.

It is true that petitioner has approached this Court belatedly but nothing is on record which goes to show that any third party interest is created.

Furthermore, petitioner was recommended by the Commissioner of School Education vide memo dated 26th February, 2021 for transfer and transfer order was issued on 26th February, 2021 but due to non availability of

vacancy petitioner could not join the transferred post.

In view of aforesaid situation Commissioner of School Education, West Bengal is directed to re-visit the issue and pass a reasoned order on the prayer of the petitioner to be re-recommended for transfer by 8 (eight) weeks from the date of communication of this order. Before taking decision Commissioner shall afford opportunity of hearing to the petitioner or her representative. Decision to be taken by the Commissioner shall be communicated to the petitioner by 10 (ten) days thereafter.

The writ petition stands disposed of.

Urgent photostat certified copy of the order, if applied for, be given to the parties, upon usual undertakings.

(Saugata Bhattacharyya, J.)