Ashim Dey v. State Of West Bengal And ORS.

rkd 27.03.2025 Ct.18 W.P.A. 4974 of 2025 Ashim Dey -vsThe State of West Bengal & Ors.

Mr. Shuvro Prokash Lahiri, Mr. Rajesh Naskar, Ms. Indrani Roy, Mr. Ankan Mondal ....for the petitioner.

Mr. Arindam Chattopadhyay, Ms. Lipika Chatterjee ....for the State.

Mr. Kanak Kiran Bandyopadhyay ....for the WBCSSC.

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

Petitioner prays for transfer on general ground (distance) by preferring an application on 27th July, 2022 on Utsashree portal.

The school authority where petitioner is presently working has forwarded the same to the concerned District Inspector of Schools (SE) for taking further steps. 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 12th August, 2022 for taking final decision. The grievance of the petitioner is as yet

transfer application of the petitioner has not been decided.

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 eight 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 ten 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.)