Sukdeb Ghosh v. State Of West Bengal And ORS.

07.05.2026 Sl. No.259 Ct. No.14 gd

IN THE HIGH COURT AT CALCUTTA

CONSTITUTIONAL WRIT JURISDICTION APPELLATE SIDE WPA/5285/2026 SUKDEB GHOSH VS STATE OF WEST BENGAL AND ORS.

Mr. Himadri Sikhar Chakraborty ...for the Petitioner.

Mr. Avishek Prasad ...for DPSC, Malda.

1.

Affidavit of service filed by the petitioner is taken on record.

2.

By the present writ petition the petitioner seeks direction upon the respondent authorities to grant intra district transfer to a school nearby his residence on distance ground.

3.

The petitioner contends that he joined as an Assistant Teacher in Malior MGD Primary School, DistrictMalda on 18th April, 2017. The petitioner has been confirmed in service with effect from 18th April, 2019. The petitioner's house is situated 102 Kilometers away from his present place of posting. On 13th February, 2026 the petitioner made a representation before the authority concerned seeking transfer. However, the same is still pending consideration. Hence this writ petition.

4.

Mr. Himadri Sikhar Chakraborty, learned advocate appearing for the petitioner submits that the matter may be relegated to the appropriate authority for consideration of the representation of the petitioner for his transfer in accordance with law.

5.

Mr. Avishek Prasad, learned advocate appearing for District Primary School Council, Malda concedes to the said submissions.

6.

In view of the submissions advanced on behalf of the respective parties, respondent no.4, Chairman, District Primary School Council, Malda is directed to consider the representation of the petitioner dated 13th February, 2026 and dispose of the same by passing a reasoned order in accordance with law upon notice to the petitioner within a period of eight weeks from the date of communication of this order. 7.

The reasoned order shall be communicated to the petitioner within one week from passing thereof. 8.

Learned advocate for the petitioner is directed to communicate this order to respondent no.4, Chairman, District Primary School Council, Malda, for necessary compliance alongwith a copy of representation dated 13th February, 2026.

9.

With the aforesaid directions, the writ petition being WPA 5285 of 2026 stands disposed of.

10.

Since no affidavits have been called for, the allegation made in the writ petition is deemed to be not admitted.

11.

Interim order, if any, stands vacated.

12.

All connected applications, if any, stand disposed of. 13.

There shall be no order as to costs.

14.

All concerned parties shall act in terms of the copy of the order duly downloaded from the official website of this Court.

15.

Urgent Photostat certified copy of the order, if applied for, be given to the parties on compliance of all necessary legal formalities.

(Bivas Pattanayak, J.)