Jayanta Bag v. The State Of West Bengal And ORS.

rkd 05.03.2025 Ct.18 W.P.A. 3758 of 2025 Jayanta Bag -vsThe State of West Bengal & Ors.

Mr. Ujjal Ray, Sk. Abdur Rahim, Ms. Manishikha Mondal ....for the petitioner.

Ms. Sweta Mukherjee ....for the State.

Ms. Supriya Dubey ....for the WBCSSC.

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

Matter relates to transfer of the petitioner based on application dated 17th September, 2022 made on Utsashree portal seeking transfer on general ground (distance).

It is submitted by the learned advocate representing the petitioner that transfer application was forwarded by the school authority where petitioner is presently working to the concerned District Inspector of Schools (SE) for taking further steps but unfortunately the District Inspector of Schools (SE), Bankura being respondent no.5 sent back the transfer application of the petitioner to the school authority on 29th September, 2022 without taking steps in terms of Government notification

dated 3rd January, 2022.

It is submitted on behalf of the West Bengal Central School Service Commission that if petitioner is single teacher in subject in the school in that event in terms of notification dated 3rd January, 2022 the concerned District Inspector of Schools (SE) is required to take steps for ensuring local arrangement in the school in order to facilitate transfer of the teacher.

State respondents are represented by learned advocate who appears on virtual mode. Having considered the submissions made on behalf of the parties the writ petition stands disposed of directing the District Inspector of Schools (SE), Bankura being respondent no.5 to make an endeavour to find out willing teacher of neighbouring school who can man the post of the petitioner temporarily till regular incumbent joins the resultant vacancy to be created due to transfer of the petitioner.

If respondent no.5 finds a willing teacher who can take the classes in the school of the petitioner temporarily in that event petitioner shall be transferred in accordance with law, if it is found as "fit case" in terms of the said notification dated 3rd January, 2022.

However, there shall be no order as to costs.

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

(Saugata Bhattacharyya, J.)