Samarjit Mura v. The State Of West Bengal And ORS.

08.01.2026 Sl. No.20(DL) Ct. No.14 srm

IN THE HIGH COURT AT CALCUTTA

CONSTITUTIONAL WRIT JURISDICTION APPELLATE SIDE W.P.A. No. 5561 of 2025 Samarjit Mura

Versus

The State of West Bengal & Ors.

Mr. Robiul Islam, Mr. Masooq Rahman ...for the Petitioner.

Mr. Ratul Biswas, Mr. Kaushik Chowdhury ...for the WBBPE.

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

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

2. By the present writ petition, the petitioner seeks direction upon the respondent authorities to transfer the petitioner on medical ground from South 24Parganas to Paschim Medinipore upon considering his application for transfer.

3. The petitioner contends that he is an Assistant Teacher at Agar Gram F.P. School, in Bishnupur-II Circle under District Primary School Council, South 24-Parganas. The petitioner joined in the said school on 19th July, 2021. The service of the petitioner has been confirmed. The father of the petitioner is suffering from Cancer and his mother is bedridden. The petitioner is also suffering from lower back pain problems. On 5th February, 2025, the petitioner made an application

before the authority concerned for his transfer on medical ground. However, the same is still pending with the authority. Hence, this writ petition.

4. Mr. Robiul Islam, learned Advocate for the petitioner submits that the matter be relegated to the appropriate authority for taking a decision on the prayer of petitioner seeking transfer.

5. Mr. Kaushik Chowdhury, learned Advocate appearing on behalf the West Bengal Board of Primary Education submits that the matter be sent to the appropriate authority for due consideration in accordance with law.

6. The contention of the writ petition shows that the father of the petitioner is suffering from Cancer disease and mother is bedridden.

7. Considering the circumstances, as noted above, the respondent no.3, Secretary, West Bengal Board of Primary Education is directed to consider and dispose of the representation of the petitioner, in accordance with law, upon notice to the petitioner, within a period of six weeks from the date of communication of this order by passing a reasoned order. The reasoned order shall be communicated to the petitioner within a week from the date of passing of such order.

8. Learned advocate for the petitioner is directed to communicate this order to respondent no.3, Secretary, West Bengal Board of Primary Education, for necessary compliance.

9. With the above direction, the writ petition being WPA 5561 of 2025 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.)