Shampa Sardar v. State Of West Bengal And ORS.

01.08.2024 01.08.2024 Ct. No. 18 adeb W.P.A. 4140 of 2023 Shampa Sardar Vs.

The State of West Bengal & Ors.

Mr. Sudip Ghosh Chowdhury Ms. Shreyeta Mitra ...for the petitioner Mr. Sourav Mitra ...for the CSSC Ms. Sipra Majumder Ms. Sangeeta Roy ...for the State Affidavit of service filed on behalf of the petitioner is taken on record.

Matter relates to transfer of the petitioner being an assistant teacher in a Government aided school on medical ground. The learned advocate for the petitioner submits that she made application seeking transfer on medical ground on 23rd September, 2022 and the same was forwarded by the school authority where petitioner is presently serving to the concerned District Inspector of Schools (SE), South 24 Parganas and the said District Inspector of Schools in his turn forwarded the transfer application of the petitioner on compliance of formalities to the office of the West Bengal Central School Service Commission on 20th December, 2022. It

has been submitted on behalf of the petitioner that in spite of forwarding the transfer application of the petitioner far back on 20th December, 2022 till date no decision has been taken by the concerned authority of the Commission on her transfer application.

State and the West Bengal Central School Service Commission are represented by learned advocates. It has been jointly submitted that perhaps due to suspension of 'Utsashree Portal' contemporaneous decision could not be taken on the transfer application of the petitioner. However, it has been submitted on behalf of the Commission that if direction is given concerned authority of the Commission shall take steps for deciding the transfer application of the petitioner. Having considered the submissions made on behalf of the parties the writ petition stands disposed of directing the Chairman of the West Bengal Central School Service Commission being respondent no. 3 to decide the transfer application of the petitioner by 4 (four) weeks from the date of communication of the order and the decision shall be communicated to the petitioner by 1 (one) week thereafter.

It is made clear that transfer application of the petitioner shall not be rejected on the ground of suspension of 'Utsashree Portal'.

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.)