Madhumita Ghoshal v. State Of West Bengal And ORS.

06th March, 2026 In the High Court at Calcutta Item no.D/L 13 Court No. 18 Pradip, A.R.(Ct.) Constitutional Writ Jurisdiction Appellate Side Case No.

WPA 5133 of 2026 In the matter of :

Madhumita Ghoshal .... Petitioner VS.

The State of West Bengal & Ors.

....Respondents For the Petitioner:

Mr. Debashis Banerjee Mr. Rakesh Jana ....Advocates For the State:

Mr. Biplab Guha Mr. Tapas Kumar Roy ....Advocates

1. Affidavit of service filed in Court today is taken on record.

2. The petitioner prays for reconsideration of the order of transfer issued on 27th February, 2026.

3. Prior to the order of transfer being issued, the petitioner was serving at NTS Deben Mahato Government Medical College and Hospital, officiating at Raghunathpur Super Speciality Hospital, Purulia.

4. She applied for transfer on self-illness ground in the district of Bankura and she disclosed her preferred choice of posting.

5. By the impugned order of transfer, she has been transferred in the district of Bankura but, however, in a different hospital which is not as per her choice.

6. She alleges that employees junior to her applied for transfer and has been allotted the hospital preferred by the petitioner, ignoring her seniority and eligibility.

7. A request has been made by the petitioner to the Joint Director of Health Services (Nursing) on 28th February, 2026 to reconsider her place of posting.

8. The same is pending consideration.

9. Learned advocate representing the State respondents submits that the petitioner has been posted in the district of her choice. The place where the petitioner preferred for being posted is not more than fifty kilometers away from the place where she has been posted.

10. The service of the petitioner is a transferrable one and the employer is the best authority to decide the place of posting of the employee for getting the best service.

11. In the instant case, the petitioner has been posted in Bankura but in a hospital, which she claims, is not as per her choice.

12. As a representation seeking reconsideration of her place of posting is pending consideration at the end of the authority, the instant writ petition is disposed of by directing the Joint Director of Health Services (Nursing) being the respondent no. 3 herein to consider and dispose of the petitioner's prayer strictly in accordance with law at the earliest but positively within a period of eight weeks from the date of communication of this order. The fate of the petitioner's representation shall be made known to her.

13. The writ petition stands disposed of.

14. Parties to act on the basis of the server copy of this order, duly downloaded from the official website of this Court.

15. Urgent photostat certified copy of this order, if applied for, be supplied to the parties upon compliance of all requisite formalities. (Amrita Sinha, J.)