Anjali Saha v. State Of West Bengal And ORS.

23.03.2022 Court No. 17 d.g.

WPA 3491 of 2022 Anjali Saha Vs.

The State of West Bengal & Ors.

Mr. Uday Sankar Chattopadhyay, Mr. Santanu Maji, Mr. Subhayu Das.

... for the petitioner Mr. Rizaul Hossain.

... for the State Affidavit-of-service filed in Court today is taken on record.

The petitioner filed an application for transfer to another school from his present school. It has come back to her from the end of the head of the institution with a remark that the teacher senior in age will get priority. It has not been stated that her application is not being forwarded or any other thing.

I direct the school to take immediate steps to check whether any other teachers in the same subject of the petitioner have filed applications for transfer and if the petitioner comes within the zone of consideration keeping in mind, the ten per cent of total number of teachers provision, the school should take steps immediately for sending the application to the District Inspector of Schools and the District Inspector will take steps immediately thereafter

to send the application to the School Service Commission.

The question of single teacher does not arise in this matter because the question of transferability of single teacher came after amendment of the General Transfer Rules, 2015, in September 2021. But the petitioner applied before that on 31st August, 2021. The amendment does not have also any retrospective effect. Therefore, even if she is a single teacher her application cannot be sent back because she is not covered by the single teacher provision which came into effect subsequent to her application. If the School Service Commission finds, if of course, the application is sent to the Commission by the D.I. after checking the facts as to the petitioner's transferability the School Service Commission will take immediate steps for transferring the petitioner.

The whole process for transfer, if it is done at all is to be completed by four weeks from the date of communication of this order.

The petitioner is directed to communicate this order to the D.I. and the School Service Commission immediately.

With the above observation and direction, this writ application is disposed of.

(Abhijit Gangopadhyay, J.)