Suprabha Mistry v. State Of West Bengal And ORS.
W.P.A. 7774 of 2021 (Through Video Conference) rkd 06.09.2021 Ct.05 Suprabha Mistry -vsThe State of West Bengal & Ors.
Mr. Biswajit De, Ms. Rajlakshmi Ghatak ....for the petitioner.
Mr. Biswabrata Basu Mallick, Sk. Md. Masud ....for the State Writ petitioner is an Assistant Teacher in Government aided Secondary School and working from 7th July, 2011. Writ petitioner made an application for transfer on special ground and application was made on 11th December, 2020. The school authorities of Besora Jr. High School, District-Bankura also issued "no objection" in considering the application made by the writ petitioner for her transfer on special ground. It is the contention of the writ petitioner that her name was enlisted at serial no. 3359 in the relevant list as maintained by the concerned respondent authorities for transfer on special ground and indicating such position of the writ petitioner in the said list prepared for transfer on special ground a representation was preferred by the writ petitioner dated 11th December, 2020 addressed to the
Commissioner of School Education, Government of West Bengal being the respondent no.6 which is still pending. Writ petitioner has voiced grievance that in view of issuance of notification dated 16th October, 2020 under Memo No.633-SL/SS-358/19 issued by the Principal Secretary, School Education Department, Government of West Bengal, the prayer of the writ petitioner for transfer on special ground should have been sympathetically considered by this time.
Mr. Mallick, learned advocate representing the State respondents submits that the case of the writ petitioner may be considered in accordance with law taking note of the said notification dated 16th October, 2020.
Considering the submission made on behalf of the learned advocates representing the respective parties to this writ petition, the writ petition is disposed of directing the Commissioner of School Education, Government of West Bengal, to dispose of the representation of the writ petitioner dated 11th December, 2020 at page 19 of this writ petition, within a period of twelve weeks from the date of communication of this order in accordance with notification dated 16th October, 2020. The Commissioner of School Education, Government of
West Bengal is directed to give opportunity of hearing to the writ petitioner and the concerned School Authority where the petitioner is serving at present before taking such decision and the decision shall be communicated to the writ petitioner within two weeks from the date of taking the same.
Accordingly, the writ petition is disposed of. There shall be no order as to costs.
Affidavit-of-service filed in Court is taken on record.
All parties shall act in terms of server copy of the order downloaded from the official website of this Court.
(Saugata Bhattacharyya, J.)