Subrata Kumar Ghosh v. State Of West Bengal And ORS.

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13.03.2025 13.03.2025 Ct. No. 18 (ARPAN) W.P.A. 3549 of 2025 Subrata Kumar Ghosh Vs.

The State of West Bengal & Ors.

Mr. Shuvro Prakash Lahiri Mr. Rajesh Naskar Mr. Ankan Mondal ...for the Petitioner Mr. Malay Krishna De Ms. Tuhina Parvin ...for the State Mr. Sunit Kumar Roy ...for W.B.C.S.S.C Affidavit-of-service filed on behalf of the petitioner is taken on record.

Petitioner has prayed for transfer on the ground of distance in between the present school of the petitioner and his place of residence and to that extent an application was made on Utsashree portal on 1st August, 2022. It is further submitted that the school authority where petitioner is presently working has forwarded the transfer application of the petitioner to the concerned District Inspector of Schools (S.E.) for taking further steps. The District Inspector of Schools (S.E.), Purba Medinipur in his turn has processed the transfer application and forwarded the same to the West Bengal Central School Service Commission for taking final decision.

The grievance of the petitioner is in spite of receipt of transfer application through portal far back on 26th August, 2022, till date same has not been decided.

West Bengal Central School Service Commission and the State respondents are represented by learned advocates who have jointly submitted due to suspension of portal with effect from 29th September, 2022, contemporaneous decision could not be taken on transfer application of the petitioner.

However, it is submitted on behalf of the Commission that if Chairman of the Commission is directed, decision shall be taken in accordance with law on transfer application of the petitioner.

Having considered the respective submissions made on behalf of the parties, writ petition stands disposed of directing the Chairman, West Bengal Central School Service Commission being respondent no.4 to decide transfer application of the petitioner by eight (8) weeks from the date of communication of this order and the decision shall be communicated to the petitioner by ten (10) days thereafter.

It is made clear that suspension of portal shall not be a ground to reject transfer application of the petitioner.

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

(Saugata Bhattacharyya, J.)