Bappaditya Mandal v. State Of West Bengal And ORS.
02.08.2024 02.08.2024 Ct. No. 18 adeb W.P.A. 6137 of 2023 Bappaditya Mandal Vs.
The State of West Bengal & Ors.
Mr. Sudip Ghosh Chowdhury Ms. Shreyeta Mitra ...for the petitioner Mr. Sourav Mitra ...for the CSSC Ms. Jhuma Chakraborty Mr. Aritra Ghosh ...for the State Affidavit of service filed on behalf of the petitioner is taken on record.
Matter relates to transfer of the petitioner being an assistant teacher in a Government aided school to another school on the ground of distance in between the present school of the petitioner and his place of residence.
It has been submitted by the learned advocate representing the petitioner that the concerned District Inspector of Schools (SE) Malda is required to take steps in terms of the notification dated 3rd January, 2022 issued by the Additional Secretary to the Government of West Bengal, School Education Department for making local arrangement in the school of the petitioner with
the assistance of willing teacher of the neighbouring school who can serve the school of the petitioner when petitioner will be transferred. Based on such notification dated 3rd January, 2022 petitioner prays for necessary direction upon the concerned District Inspector of Schools which would facilitate him to be transferred to another school.
State-respondents and the West Bengal Central School Service Commission are represented by learned advocates.
The learned advocate representing the Staterespondents on virtual mode has placed before this Court through her junior copy of the memo dated 8th February, 2022 issued by the District Inspector of Schools (SE) Malda and the list of names of applicant teachers who are seeking transfer, same are taken on record.
On perusal of the memo dated 8th February, 2022 it appears that the concerned District Inspector of Schools (SE) Malda invited letters from the willing teachers having identical qualification who can temporarily work in place of applicant teachers in the respective schools in order to facilitate transfer of the applicant teachers, list of such applicant teachers are appended to the said memo dated 8th February, 2022. In addition thereto head of the institutions where applicant teachers were working were also requested to
approach neighbouring schools in order to find out willing teacher. List of applicant teachers which is appended to the memo dated 8th February, 2022 contains name of the petitioner at serial no. 11. In view of the steps taken by the concerned District Inspector of Schools (SE) Malda as it emanates from the memo dated 8th February, 2022 it appears that the said District Inspector of Schools made an endeavour to find out willing teachers for making local arrangement in the respective schools where applicant teachers are serving in terms of the Government notification dated 3rd January, 2022.
In view of aforesaid steps being taken by the concerned District Inspector of Schools no further order need be passed on this writ petition excepting an observation that in future based on the effort made by the said District Inspector of Schools if any willing teacher is found who can temporarily man the post of the petitioner necessary steps shall be taken for transfer of the petitioner based on his transfer application.
Accordingly, the writ petition stands disposed of. There shall be no order as to costs.
Urgent photostat certified copy of the order, if applied for, be given to the parties, upon usual undertakings.
(Saugata Bhattacharyya, J.)