Irani Maity v. State Of West Bengal And ORS.

17.04.2025 Court No. 18 Item No.02 (Suvendu) WPA 4873 of 2025 Irani Maity -Versus- The State of West Bengal & Ors.

Mr. Shuvro Prokash Lahiri Mr. Rajesh Naskar Ms. Indrani Roy Mr. Ankan Mondal .....for the petitioner Mr. Manuwar Ali Mr. Tapas Chatterjee ....for the State Ms. Supriya Dubey ....for the WBCSSC Affidavit of service filed on behalf of the petitioner is taken on record.

In spite of service of notice upon authorities of Murgapahari Junior High School, Paschim Medinipur being respondent nos. 7 and 8, those respondents are not represented.

Grievance of the petitioner is failure on the part of respondent nos. 7 and 8 to forward transfer application of the petitioner to the District Inspector of Schools (SE), Paschim Medinipur being respondent no. 6 for processing the transfer application.

It is submitted on behalf of the petitioner today since petitioner was found to be a single

teacher in the subject in the aforesaid school his transfer application was not forwarded by the school authority.

Learned advocate representing State respondents on instruction submits that since petitioner is single teacher in the subject in the school steps are required to be taken in compliance of Government notification dated 3rd January, 2022.

On perusal of the writ petition, it appears that petitioner made application for transfer on 14th August, 2021 on Utshasree portal and on 31st August, 2021 said transfer application was sent back to the petitioner instead of forwarding the same to the respondent no. 6; since petitioner is single teacher in the subject in the school respondent nos. 7 and 8 ought to have forwarded transfer application to the respondent no. 6 for taking steps in terms of Government notification dated 3rd January, 2022.

Accordingly, respondent nos. 7 and 8 are directed to forward the transfer application of the petitioner to respondent no. 6 by fortnight from the date of communication of this order. On receipt of transfer application, respondent no. 6 shall make endeavour to find out willing teacher from neighbouring school who can man

the post of the petitioner after petitioner's transfer till regular incumbent joins the post. If willing teacher is made available and if it is found by the respondent no. 6 that it is a "fit case" under Government notification dated 3rd January, 2022, petitioner shall be transferred to another school based on her transfer application dated 14th August, 2021.

Writ petition stands disposed of.

There shall be, however, no order as to costs.

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

(Saugata Bhattacharyya, J.)