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Calcutta High CourtWPA/4142/2023allowed

Chiranjib Saha v. State Of West Bengal And ORS.

2023-11-16Hon'Ble Justice Abhijit Gangopadhyay3 pages

16.11.2023 BP Court No. 17 Sl. 18 W.P.A. 4142 of 2023 Chiranjib Saha Vs.

The State of West Bengal & Ors.

Mr. Sudip Ghosh Chowdhury Ms. Shreya Mitra ..for the petitioner Mr. B.P. Vaisya Mr. Nilay Baran Mondal ..for DPSC, Kolkata Mr. Saikat Banerjee Mr. Kashik Chowdhury ..for the Board Ms. Rupsha Chakraborty ..for the State On 24th July, I give one responsibility to the President of the West Bengal Board of Primary Education to take a decision as to the transfer of the petitioner from his present school to another. Such decision in the form of a reasoned order has been produced today by the learned advocate for the Board. Said reasoned order is kept on record.

From paragraph 7 of the said reasoned order it appears that the petitioner is a surplus teacher in the institution where he is presently serving. Therefore, he can be transferred from Kumar Ashutosh Institution Boys' Primary School,

Kolkata to any of the three schools as mentioned in paragraph 3 of the said reasoned order namely, Amrity Primary School, Kamalabari MGD Primary School and Chamagram Primary School in Malda District.

The petitioner has submitted that he wants to be transferred to Amrity Primary School in the District of Malda as has been mentioned in paragraph 3 of the said reasoned order.

Therefore, the release order is to be issued by the Chairman, Kolkata District Primary School Council to the petitioner by ten days from date and he will join the above named school in the District of Malda and he will join there by ten days from the date of getting the release order from Kolkata District Primary School Council. This period of ten days from the date of receiving of the release order will be treated by the Malda District Primary School Council as extraordinary leave of the petitioner with pay.

I also direct the Chairman of the Malda District Primary School Council to issue the appointment letter.

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

All parties to act or a server copy of this order.

(Abhijit Gangopadhyay, J.)