Suman Kalyan Mandal v. State Of West Bengal And ORS.

08.04.2024.

Court No. 13 Item No. 322 ap W.P.A. No. 7781 of 2024 Suman Kalyan Mandal

Versus

The State of West Bengal & Ors.

Mr. N. I. Khan, Mr. Amlan Kumar Mukherjee.

...For the petitioner.

Mr. Ratul Biswas, Mr. Kaushik Chowdhury.

...For the WBBPE.

Mr. Ranjan Saha.

...For the DPSC, Jhargram.

Mr. Amitava Chaudhuri.

...For the State.

1. Affidavit-of-service filed in Court today be taken on record.

2. The petitioner has applied for intra district transfer from Jhargram to Paschim Medinipur on medical grounds.

3. The District Primary School Council, Jhargram shall ascertain the medical condition of the petitioner independently from the C.M.O.H, Jhargram and forward the same to the West Bengal Board of Primary Education.

4. In the event, it is found that the petitioner's medical condition was the same at the time of entry into the service, the normal restrictions of transfer shall be imposed on him. However, if the medical condition of the petitioner is found very recently, i.e. beyond the period of two years from the date of joining the service,

the District Primary School Council, Jhargram shall subject to the applicable Rules consider and pass appropriate order on the petitioner's transfer within a period of eight weeks from date. The DPSC, Jhargram as well as West Bengal Board of Primary Education shall conduct the aforesaid procedure offline.

5. With the aforesaid directions, the instant writ petition shall stand disposed of.

6. There will be no order as to costs.

7. All parties are directed to act on a server copy of this order duly downloaded from the official website of this Court.

(Rajasekhar Mantha, J.)