Atanu Jana And ORS. v. State Of West Bengal And ORS.
22.05.2025 In the High Court at Calcutta Constitutional Writ Jurisdiction Appellate Side Item no.DL15 Court No. 39 Asraf, A.R.(Ct.) Case No.
WPA 5612 of 2025 In the matter of :
ATANU JANA & OTHERS.
.... Petitioners VS.
THE STATE OF WEST BENGAL & OTHERS ....Respondents For the Petitioners :
Mr. Dilip Kumar Maity ....Advocate For the Respondent / State :
Ms. Sulagna Bhattacharya Mr. Sanjay Mukherjee ....Advocates For the Respondent no.4 :
Mr. Md. Sarwan Jahan Ms. Mousumi Mitra Ms. Tapati Sarkar ....Advocates Affidavit of service filed on behalf of the petitioners is taken on record.
The writ petition is filed seeking direction upon the respondent authorities, particularly, respondent no.4 being the Mission Director, Paschim Banga Rajya Sishu Shiksha Mission, Government of West Bengal for expeditious disposal and consideration of the prayer of "Inter-district Mutual Transfer" between the petitioner nos.1 and 2 as per annexure "P6" and "P7" respectively as well as individual claim of "Inter-District Transfer" of the petitioner nos.3 and 4 as per annexure "P8" and "P9" respectively.
The petitioners contend that they were appointed as "Samity Education Officer" by the District Nodal Officer. The petitioner nos.1 and 2 made representations for "Inter-district Mutual Transfer" and petitioner nos.3 and 4 applied for "Inter-District Transfer". However, the same has yet not been considered. Hence, this writ petition.
Learned advocate appearing for the petitioner submits that the matter may be relegated to the respondent no.4 to consider the transfer applications of the petitioners.
Mr. Jahan, learned advocate representing the respondent no.4 submits that direction may be issued upon the respondent no.4 for taking necessary steps with regard to the transfer applications of the petitioners.
Learned advocate appearing for the State also submits in the similar fashion.
Through this writ petition, the petitioners seek inter-district mutual transfer and inter-district transfer respectively. The question regarding the appropriate transferring authority for the petitioners appears to be addressed by a judgment of this Court in WPA 3120 of 2023 (Ashim Tarafdar & Ors. Vs. The State of West Bengal and Ors.), wherein a Co-ordinate Bench directed the Chief Secretary of the Government of West Bengal to
nominate an officer to adjudicate on the petitioners' application based on its own merits.
Accordingly, the Mission Director of the Paschimbanga Rajya Shishu Shiksha Mission was nominated by the Chief Secretary to evaluate the transfer application of a Samity Education Officer. In the light of the aforementioned facts, the writ petition is disposed of with a direction upon the respondent no.4, the Mission Director, Paschim Banga Rajya Sishu Shiksha Mission, Government of West Bengal to consider the transfer applications of the petitioners filed before the Commissioner, Directorate Panchayat & Rural Development Department, West Bengal, Jessop Building, 63 N. S. Road, Kolkata 700001 within a period of six weeks from the date of communication of this order, in accordance with law. Petitioners are directed to communicate this order to the respondent no.4, the Mission Director, Paschim Banga Rajya Sishu Shiksha Mission, Government of West Bengal.
Accordingly, the instant writ petition being WPA 5612 of 2025 is disposed of.
All parties to act on the basis of server copy of this order duly downloaded from the official website of this Court.
Urgent photostat certified copy of this order, if applied for, be supplied to the parties after completion of all necessary formalities.
( Bivas Pattanayak, J. )