Aparna Barman v. State Of West Bengal And ORS.
rkd 26.02.2025 Ct.18 W.P.A. 3128 of 2025 Aparna Barman -vsThe State of West Bengal & Ors.
Mr. Shuvro Prokash Lahiri, Mr. Rajesh Naskar, Mr. Ankan Mondal ....for the petitioner.
Mr. Rajendra Chaturvedi, Ms. Susmita Dey (Basu) ....for the State.
Mr. Sunit Kumar Roy ....for the WBCSSC.
Affidavit-of-service filed on behalf of the petitioner is taken on record.
Petitioner made an offline application seeking transfer on medical ground since she is suffering from blood cancer.
On processing the transfer application, same reached the West Bengal Central School Service Commission and the Secretary-in-Charge of West Bengal Central School Service Commission vide memo dated 23rd December, 2024 forwarded the prayer for transfer of the petitioner to the Commissioner of School Education, West Bengal being respondent no.2 for taking final decision. Such forwarding memo dated 23rd December, 2024 issued on behalf of the West Bengal Central School
Service Commission is at page 95 of the writ petition.
State respondents are represented by learned advocate who has submitted that till date Commissioner of School Education has not taken decision on the transfer application of the petitioner.
Having considered the submissions made on behalf of the parties and taking note of the memo dated 23rd December, 2024 issued by the Secretary-in-Charge, West Bengal Central School Service Commission addressed to the Commissioner of School Education, West Bengal requesting him to consider the transfer application, as a special case since petitioner is suffering from blood cancer, respondent no.2 is directed to take decision on transfer application of the petitioner by eight weeks from the date of communication of this order after granting opportunity of hearing to the petitioner or her representative.
Respondent no.2 is required to pass a reasoned order and same shall be communicated to the petitioner by seven days thereafter.
With the aforesaid direction, the writ petition stands disposed of.
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.)