Sandhya Patra v. The State Of West Bengal And ORS.
20.02.2025 Ct. No. 18 adeb W.P.A. 2481 of 2025 Sandhya Patra Vs.
The State of West Bengal & Ors.
Mr. Sudip Ghosh Chowdhury Ms. Shreyeta Mitra Ms. Deblina Chakraborty ...for the petitioner Mr. Amitabrata Roy Ms. Sharmila Deb ...for the State Mr. Sunit Kr. 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.
Petitioner was transferred to school where she could not join since at the time of joining vacancy was not available which prompted the petitioner to apply before the West Bengal Central School Service Commission for rerecommendation.
Since re-recommendation application was kept pending for an indefinite period previous writ petition being WPA 13211 of 2024 was triggered. Said writ petition was disposed of by this Court vide order dated 15th May, 2024 directing the Chairman, West Bengal Central School Service Commission to take
necessary steps for re-recommending the petitioner.
In terms of the order dated 15th May, 2024 memo has been issued by the Secretary, West Bengal Central School Service Commission on 2nd January, 2025 stating that there is no vacancy in Kolkata as per the vacancy statement forwarded by the District Inspector of Schools (SE) Kolkata. First choice of the petitioner for transfer is to a school which situates in Kolkata but due to non availability of vacancy at present in Kolkata petitioner prays for re-recommending her on transfer to school either in South 24 Parganas or in North 24 Parganas.
Learned advocate representing West Bengal Central School Service Commission submits at present Commission does not have any vacancy position relating to aforesaid two districts. Therefore, assistance from the State authorities is required to find out suitable post for transfer of the petitioner.
State-respondents are also represented by learned advocate.
In view of the submission made on behalf of the parties Commissioner of School Education West Bengal is directed to forward vacancy statement in connection with North 24 Parganas
and South 24 Parganas to the Chairman, West Bengal Central School Service Commission by fortnight from date. On receipt of vacancy statement the Chairman being respondent no. 3 shall call the petitioner to appear before him within fortnight thereafter and disclose the vacancy position in those two districts. In the event petitioner opts for a vacancy for her transfer appropriate order shall be passed by the respondent no. 3 by fortnight thereafter for petitioner's transfer on re-recommendation.
Leave is granted to the learned advocate representing the petitioner to amend the cause title and add Commissioner of School Education, West Bengal as additional respondent. However, service of notice upon the additional respondents stands dispensed with since State-respondents are represented by learned advocate.
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.)