Bhabani Sarkar v. State Of West Bengal And ORS.

rkd 14.02.2025 Ct.18 W.P.A. 2461 of 2025 Bhabani Sarkar -vsThe State of West Bengal & Ors.

Mr. Sudip Ghosh Chowdhury, Ms. Shreyeta Mitra ....for the petitioner.

Mr. Sayan Datta ....for the State.

Mr. Sunit Kumar Ray ....for the WBCSSC.

Mr. Bibek Dutta ....for the WBBSE.

Mr. Mijanul Kabir, Ms. Luna Khatoon ....for the respondent no.5.

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

The matter relates to transfer of the petitioner since her child is suffering from ailment. It has been submitted by the learned advocate representing the petitioner that the application was made on Utsashree portal on 8th August, 2021 seeking transfer on medical ground which was processed by the school authority where petitioner is presently working and forwarded the same to the concerned District Inspector of Schools (SE). The concerned District Inspector of Schools (SE) in his turn has processed the transfer application of the petitioner and forwarded the

same to the office of the West Bengal Central School Service Commission through portal on 8th October, 2021 for taking final decision.

The grievance of the petitioner is in spite of receipt of transfer application far back on 8th October, 2021 till date no decision has been taken by the Commission. Petitioner prays for direction upon the Commission to decide her transfer application.

Respondents are represented by learned advocates who have submitted jointly that due to suspension of Utsashree portal with effect from 29th September, 2022 contemporaneous decision could not be taken.

However, it has been submitted on behalf of the Commission if direction is given upon the Chairman of the Commission the transfer application of the petitioner shall be decided in accordance with law.

Having considered the submissions made on behalf of the parties, the 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 in accordance with law by eight weeks from the date of communication of this

order.

The decision to be taken by the respondent no.3 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 the parties on the usual undertakings.

(Saugata Bhattacharyya, J.)