Monika Chatterjee v. State Of West Bengal And ORS.

07.08.2025 Ct. No. 18 adeb W.P.A. 2535 of 2024 Monika Chatterjee Vs.

The State of West Bengal & Ors.

Mr. Jayanta Mitra ...for the petitioner Mr. Kanak Kiran Bandopadhyay ...for the WBCSSC Mr. Gourav Das ...for the State

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

2. Petitioner made an application for transfer on 16th January, 2024. However, on perusal of said application for transfer it is found that same was not made in prescribed format neither petitioner applied on designated portal seeking transfer.

3. In this regard reliance is placed on the order of the Hon'ble Division Bench dated 14th February, 2025 passed on an intra Court appeal being FMA 103 of 2025 (Tanushri Karmakar vs. The State of West Bengal & Ors.). It has been observed in paragraph 5 of Tanushri Karmakar (supra) that once a thing is required to be done in a particular manner it should be done in such manner and not otherwise. The moment the form is prescribed in the Rules

shaping an integral part of the statutory provisions, it cannot be whittled down nor to be done away at the behest of the beneficiary of the said Rules nor the other stakeholders of the said Rules can dispense with the strict adherence of such statutory norms. In absence of application seeking transfer made in prescribed proforma placing reliance on Tanushri Karmakar (supra) such application ought not to be given any credence.

4. Hence, no relief can be granted to the petitioner and the writ petition stands dismissed.

5. However, this order shall not preclude the petitioner to apply for transfer in accordance with law, if situation so arises.

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

(Saugata Bhattacharyya, J.)