Sanghamitra Chatterjee v. State Of West Bengal And ORS.

10.05.2022.

d.p.

In The High Court At Calcutta Constitutional Writ Jurisdiction Appellate Side W.P.A 6208 of 2022 Sanghamitra Chatterjee -versus The State of West Bengal & Ors.

Mr. Anjan Bhattacharjee.

...For the Petitioner.

Mr. Pinaki Dhole.

...For the State.

Mr. Ratul Biswas.

...For the Board.

The writ petitioner is a primary school teacher. She seeks transfer from Janbar Primary School to Bhabani Balika Primary School (Sadar South).

Her application for general transfer made in the portal mentions the reasons for seeking transfer. It mentions that owing to far distance from her present residential address and being the widow mother of a minor child, she prayed for transfer to a School which is closure to her residence. She has mentioned that the school in which she is presently serving, is nearly 92 km away from her residence.

According to the petitioner, she has to travel 184 kms. everyday for attending her duties.

Her application on the online portal submitted on 4th January, 2022 has been responded by way of a SMS wherein it has been mentioned that "application not found for the given input.

Please contact the department."

The petitioner thereafter, filed a representation before the Sub-Inspector of School (S.I.), Uluberia North Circle on 1st March, 2022.

She alleges that her representation has not been considered till date.

Learned advocate appearing for the Howrah District Primary School Council submits, upon instructions, that if the petitioner is released from the school, then the pupil teacher ratio cannot be maintained.

Learned advocate appearing for the State respondents is yet to receive any instruction in the matter.

As it appears that the representation filed by the petitioner seeking transfer is pending consideration at the end of the Sub-Inspector of Schools, the instant writ petition is accordingly disposed of by directing the respondent No.5 being the Sub-Inspector of Schools (S.I.), Uluberia North Circle to take a decision with regard to the representation filed by the petitioner in accordance with law at the earliest, but positively within a period of four weeks from the date of communication of a copy of this order.

The said respondent shall pass a reasoned order and communicate the same to the petitioner immediately thereafter.

The petitioner is directed to forward a copy of her representation annexed at page 24 of the writ petition along with all documents in support of her prayer for transfer to the aforesaid respondent at the time of communicating the order of this Court.

The writ petition stands disposed of.

Urgent photostat certified copy of this order be supplied to the parties, if applied for, as early as possible.

( Amrita Sinha, J.)