Shyamali Das @ Biswas v. The State Of West Bengal And ORS.
28.03.2025 Ct. No. 18 adeb W.P.A. 5861 of 2025 Shyamali Das @ Biswas Vs.
The State of West Bengal & Ors.
Mr. Arindam Chattopadhyay Ms. Lipika Chatterjee Mr. Soumik Dey Mr. Saikat Pal ...for the petitioner Mr. Pinaki Dhole Mr. Avishek Prasad ...for the State Ms. Koyeli Bhattacharyya Mr. Bibek Dutta Ms. Keya Panja ...for the Board Mr. Sourav Mitra ..for the WBCSSC Affidavit of service filed on behalf of the petitioner is taken on record.
Matter relates to transfer of the petitioner since she is suffering from gynecological disorder. Petitioner made an application for transfer on Utsashree Portal on 22nd April, 2022 which was forwarded by the school authority where petitioner is presently working along with 'no objection certificate' to the concerned District Inspector of Schools (SE) for taking further steps. On receipt of transfer application District Inspector of Schools (SE) processed the transfer application and forwarded the same through portal on 7th June, 2022 to the West Bengal
Central School Service Commission for taking final decision. It has been specifically endorsed while forwarding the transfer application by the District Inspector of Schools that the school has issued 'no objection certificate' and concerned CMOH has also issued medical certificate in favour of the petitioner. Grievance of the petitioner is in spite of receipt of transfer application by the West Bengal Central School Service Commission as yet no decision has been taken.
Respondents are represented by learned advocates who have jointly submitted due to suspension of portal with effect from 29th September, 2022 contemporaneously decision could not be taken on transfer application.
However, on behalf of Commission it is submitted if concerned authority is directed transfer application shall be decided in accordance with law.
Having considered the submissions made on behalf of the parties writ petition stands disposed of directing the Chairman, West Bengal Central School Service Commission being respondent no. 4 to decide the transfer application of the petitioner by 6 (six) weeks from the date of communication of this order and the decision
shall be communicated to the petitioner by 10 (ten) days thereafter.
It is made clear that suspension of portal shall not be ground to reject the transfer application of the petitioner.
Urgent photostat certified copy of the order, if applied for, be given to the parties, upon usual undertakings.
(Saugata Bhattacharyya, J.)