Mousumi Sarkar v. State Of West Bengal And ORS.

07.05.2026 Sl. No.270 Ct. No.14 gd

IN THE HIGH COURT AT CALCUTTA

CONSTITUTIONAL WRIT JURISDICTION APPELLATE SIDE WPA/5373/2026 MOUSUMI SARKAR VS STATE OF WEST BENGAL AND ORS.

Mr. Santanu Maji Mr. Subhayu Das Ms. Debrani Mondal ...for the Petitioner.

Mr. Saibal Acharyya Mr. Tanweer J. Mondal ...for DPSC, Purba Bardhaman.

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 her residence on medical ground.

3.

The petitioner contends that she joined as an Assistant Teacher in Bhandardihi F.P. School, VillageBhandardihi, P.O.-Bhandardihi, P.S.-Dewandighi, District- Purba Bardhaman on 29th November, 2021. The petitioner has been confirmed in service with effect from 29th November, 2023. The petitioner is suffering from various gynaecological problems including Bulky Uterus and Pelvic Inflammatory Disease. The petitioner's house is situated 27 Kilometers away from her present place of posting. On

6th 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. Santanu Maji, 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 her transfer in accordance with law.

5.

Mr. Saibal Acharyya, learned advocate appearing for District Primary School Council, Purba Bardhaman concedes to the said submissions.

6.

In view of the submissions advanced on behalf of the respective parties, respondent no.6, Chairman, District Primary School Council, Purba Bardhaman is directed to consider the representation of the petitioner dated 6th 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.

Respondent no.6 is granted liberty to seek medical examination of the petitioner prior to consideration of representation of the petitioner.

9.

Learned advocate for the petitioner is directed to communicate this order to respondent no.6,

Chairman, District Primary School Council, Purba Bardhaman, for necessary compliance alongwith a copy of representation dated 6th February, 2026.

10. With the aforesaid directions, the writ petition being WPA 5373 of 2026 stands disposed of.

11.

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

12.

Interim order, if any, stands vacated.

13.

All connected applications, if any, stand disposed of. 14.

There shall be no order as to costs.

15.

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

16.

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.)