Sunirmal Mandal v. The State Of West Bengal And ORS.

19.02.2025 Court No. 18 Item No. 13 (Suvendu) WPA 2406 of 2025 Sunirmal Mandal -Versus- The State of West Bengal & Ors.

Mr. Sakti Pada Jana Mr. Subhajyoti Das Mrs. Sudipta Pramanik ........for the petitioner Mr. Biswabrata Basu Mallick, Ld. AGP Ms. Parna Roy Choudhury ......for the State Mr. Sunit Kumar Roy ......for the WBCSSC Affidavit of service filed on behalf of the petitioner is taken on record.

By presenting this writ petition, prayer is made for consideration of previous transfer application dated 19th February, 2022 made by the petitioner on portal on the ground of distance.

However, on perusal of a document at page 44 of the writ petition, it appears that petitioner applied for transfer on general ground on 19th February, 2022.

Said transfer application was forwarded by the school authority where petitioner is serving to the concerned District Inspector of Schools for taking steps. The District Inspector of Schools

(SE), Bankura on 8th March, 2022 returned the transfer application dated 19th February, 2022 to the school authority since it was found that notification dated 3rd January, 2022 being no. 10-SE was applicable considering the number of teachers available in the school that was five or less than five. School authority of the petitioner subsequently on 17th March, 2022 sent back the application to the petitioner. Petitioner accepted the decision taken by the authorities, whereby transfer application of the petitioner dated 19th February, 2022 was refused to be considered, without questioning such decision by taking necessary steps in accordance with law.

Subsequently, petitioner made application on 22nd March, 2022 on portal seeking transfer on medical ground which was withdrawn by the petitioner on 6th April, 2022. It is submitted by learned advocate representing the petitioner that disease indicated in the transfer application was not specified disease in terms of the relevant transfer rules.

Now, petitioner prays for revival of his previous transfer application dated 19th February, 2022 which at this stage is found to be impermissible since petitioner accepting the decision of the concerned respondent authorities

refusing to process the said transfer application dated 19th February, 2022, made subsequent transfer application on 22nd March, 2022 on different ground that is medical ground.

Hence, writ petition stands dismissed.

There shall be, however, no order as to costs.

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

(Saugata Bhattacharyya, J.)