Anirban Sarkar v. State Of West Bengal And ORS.

W.P.A. 7486 of 2025 22.04.2025 Ct.18 rkd Anirban Sarkar -vsThe State of West Bengal & Ors.

Mr. Sudipta Dasgupta, Mr. Sondwip Sutradhar ....for the petitioner.

Mr. Arindam Chattopadhyay ....for the DPSC.

Ms. Parna Roy Chgowdhury, Mr Masikul Shekh ....for the State.

Mr. Ratul Biswas, Mr. Kaushik Chowdhury ....for the WBBPE.

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

Petitioner by making an application dated 10th March, 2025 has made a prayer for transfer from one primary school to another in the same district since the school where petitioner is presently working has surplus teacher and on the ground of distance in between the present school of the petitioner and his place of residence.

Prayer of the petitioner is opposed by the learned advocates representing the respondents on the ground that petitioner joined the post of primary teacher on 9th July, 2021 and on the date of making application for transfer petitioner did not complete five years' service as confirmed primary teacher.

Having considered the submissions made on

behalf of the parties Court finds that amended Rule 4(b) of notification dated 13th September, 2021 provides that in case of single transfer a confirmed teacher has to complete minimum five years of continuous service which would enable the applicant teacher to be transferred from one school to another. In the present case petitioner was appointed on 9th July, 2021 and transfer application was made on 10th March, 2025 which goes to show on the date of making application petitioner did not complete five years' service as a confirmed primary teacher. Hence, the writ petition stands dismissed.

However, this order shall not preclude the petitioner to make an application for transfer in accordance with law after completing five years of continuous service as a confirmed primary teacher. There shall be no order as to costs.

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

(Saugata Bhattacharyya, J.)