Litan Dutta v. State Of West Bengal And ORS.

rkd 06.03.2025 Ct.18 W.P.A. 4610 of 2025 Litan Dutta -vsThe State of West Bengal & Ors.

Ms. Cardina Roy ....for the petitioner.

Mr. Indrajit Ghosh ....for the State.

Mr. Sunit Kumar Roy ....for the WBCSSC.

Ms. Koyeli Bhattacharyya, Mr. Bibek Dutta, Ms. Keya Panja ....for the WBBSE.

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

Matter relates to transfer of the petitioner since he is suffering from ailment.

It has been submitted by the learned advocate representing the petitioner that the application was made on Utsashree portal on 13th February, 2022 seeking transfer on medical ground which was processed by the school authority where petitioner is presently working and forwarded the same to the concerned District Inspector of Schools (SE) on 22nd February, 2022. The concerned District Inspector of Schools (SE) in his turn has processed the transfer application of the petitioner and forwarded the same to the office of the West

Bengal Central School Service Commission through portal on 23rd February, 2022 for taking final decision.

The grievance of the petitioner is in spite of receipt of transfer application far back on 23rd February, 2022 till date no decision has been taken by the Commission.

Respondents are represented by learned advocates who have submitted jointly that due to suspension of Utsashree portal with effect from 29th September, 2022 contemporaneous decision could not be taken.

However, it has been submitted on behalf of the Commission if direction is given upon the Chairman of the Commission the transfer application of the petitioner shall be decided in accordance with law.

Having considered the submissions made on behalf of the parties, the writ petition stands disposed of directing the Chairman, West Bengal Central School Service Commission being respondent no.4 to decide the transfer application of the petitioner in accordance with law by four weeks from the date of communication of this order.

The decision to be taken by the respondent

no.4 shall be communicated to the petitioner by seven days thereafter.

However, it is made clear that suspension of Utsashree portal shall not be a ground for rejecting the transfer application of the petitioner. There shall be no order as to costs.

Urgent photostat certified copy of this order, if applied for, be given to the learned Advocates for the parties on the usual undertakings.

(Saugata Bhattacharyya, J.)