Rakhi Saha v. State Of West Bengal And ORS.

22. 02. 2022 BP Sl. 301 Court No. 17 WPA 1234 of 2022 (Via Video Conference) Rakhi Saha Vs.

The State of West Bengal & Ors.

Mr. Ujjal Roy ..for the petitioner.

Dr. Sutanu Kumar Patra Ms. Supriya Dubey ..for SSC.

Mr. Swapan Banerjee Mr. Sougata Mitra ..for the State.

The petitioner submits that she filed one application for transfer through Utsoshree portal on 10.08.2021. Learned advocate for the petitioner has further submitted that her transfer application has been returned back to her on the ground of single teacher from the end of the concerned District Inspector of Schools. Before amendment of the 2015 Rules for general transfer the guiding principle would be 2015 Rules and not the amended Rules of 2021 which came into effect in September, 2021 as the petitioner made the application before such amendment i.e. on 10th August, 2021.

Hence, I set aside the decision of the concerned

District Inspector of Schools returning back the application by stating the ground for returning back as single teacher and I direct the School Service Commission to consider the matter afresh in terms of the Rules of 2015 for General Transfer. This is to be done within a period of three weeks from the date of communication of this order.

With this observation and direction, this writ application is disposed of.

(Abhijit Gangopadhyay, J. )