Madan Mohan Das v. The State Of West Bengal And ORS.

W.P.A. 7222 of 2025 10.04.2025 Ct.18 rkd Madan Mohan Das -vsState of West Bengal & Ors.

Mr. Mahadeb Sarkar, Mr. Bikash Chowdhury ....for the petitioner.

Mr. Bhaskar Prasad Vaisya, Mr. Ranjan Saha ....for the State.

Ms. Koyeli Bhattacharyya, Mr. Bibek Dutta, Ms. Keya Panja ....for the WBBSE.

Affidavit-of-service filed on behalf of the petitioner is taken on record.

The learned advocate representing the petitioner submits that an application for transfer has been made on Utsashree portal on 19th September, 2022 and same was forwarded by the school authority where petitioner is presently working as Headmaster to the concerned District Inspector of Schools (SE), North 24 Parganas for taking further steps.

The grievance of the petitioner is in spite of receipt of transfer application far back on 28th September, 2022 through portal the concerned District Inspector of Schools (SE) did not forward the transfer application of the petitioner to the West Bengal Central School Service Commission for taking decision. Petitioner prays for direction upon the concerned

respondent authority to decide his transfer application. The respondents are represented by learned advocates who have jointly submitted that due to suspension of Utsashree portal with effect from 29th September, 2022 contemporaneous steps could not be taken.

However, it is submitted on behalf of the Commission that till date transfer application of the petitioner has not been forwarded by the concerned District Inspector of Schools (SE), North 24 Parganas being respondent no.4.

It is also contended that if transfer application is forwarded in that event appropriate steps shall be taken for consideration on transfer application. Having considered the submissions made on behalf of the parties, the writ petition stands disposed of directing the respondent no.4 to forward the transfer application of the petitioner to the Chairman, West Bengal Central School Service Commission being respondent no.3 by fortnight from date of communication of this order.

On receipt of transfer application of the petitioner respondent no.3 shall decide the same in accordance with law by six weeks thereafter.

The decision to be taken by the respondent no.3 shall be communicated to the petitioner by ten

days thereafter.

However, it is made clear that suspension of Utsashree portal shall not be a ground for rejecting the transfer application of the petitioner.

There shall be no order as to costs.

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

(Saugata Bhattacharyya, J.)