Mafizul Tarafdar v. State Of West Bengal And ORS.

13.08.2024 Court No. 18 Item No.117 (ML) (Suvendu) WPA 7101 of 2023 Mafizul Tarafdar -Versus- The State of West Bengal & Ors.

Mr. Sudip Ghosh Chowdhury Ms. Shreyeta Mitra ........for the petitioner Ms. Susmita Chatterjee .......for the State Ms. Koyeli Bhattacharyya Mr. Bibek Dutta ....for the WBBSE 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 on medical ground.

The learned advocate representing the petitioner submits that after preferring the transfer application on medical ground on 17th March, 2022 on Utshasree portal the same was processed by the school authority where petitioner is presently serving and thereafter by the District Inspector of Schools (SE), Purulia. Subsequently the concerned District Inspector of Schools forwarded the transfer application to the

West Bengal Central School Service Commission on 31st March, 2022 for taking final decision. It is submitted that in spite of receiving transfer application far back on 31st March, 2022 till date said transfer application has not been decided.

Respondents are represented by the learned advocates who have jointly submitted that perhaps due to suspension of Utshasree portal contemporaneous decision could not be taken on the transfer application of the petitioner.

However, it is submitted on behalf of the Commission that if direction is given upon the concerned authority of the Commission, transfer application of the petitioner 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 of the Commission being the respondent no. 3 to decide transfer application of petitioner in accordance with law by four weeks from the date of communication of this order and the decision to be taken by the Commission shall be

communicated to the petitioner by one week thereafter.

It is made clear that transfer application of the petitioner shall not be rejected due to suspension of Utshasree portal.

There shall be, however, no order as to costs.

Urgent photostat certified copy of this order, if applied for, be given to the parties on usual undertakings.

(Saugata Bhattacharyya, J.)