Sonali Das Mahapatra v. The State Of West Bengal And ORS.

28.04.2025 Court No. 18 Item No.02 (DL) (Suvendu) WPA 7576 of 2025 Sonali Das Mahapatra -Versus- The State of West Bengal & Ors.

Mr. Koushik Manna ......for the petitioner Ms. Nilanjana Banerjee Mr. Sujoy Ash .....for the State Mr. Samiran Giri ....for the DPSC, Purba Medinipore Matter is taken up for consideration when learned advocate representing the petitioner submits that off-line application dated 7th February, 2025 has been preferred by the petitioner for inter-district transfer from one primary school in Howrah to another primary school in Purba Medinipur. It appears that transfer application was made on 7th February, 2025 and petitioner was appointed in the post of primary teacher on 26th July, 2021.

Considering the facts of the case, it appears that petitioner on the date of preferring application for transfer on 7th February, 2025 has not completed five years of continuous approved service. In this regard, reliance is placed on amended Rule 4(b) of notification dated 13th September, 2021 whereby the West

Bengal Primary Education (Transfer of Teachers including Head Teacher) Rules, 2002 was amended. Since on the date of application petitioner could not complete five years of continuous approved service she is not entitled to be transferred due to the provisions as contained in amended Rule 4(b) where it has been specifically provided in case of transfer a confirmed primary teacher has to complete minimum five years of continuous service.

Hence, writ petition stands dismissed.

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

(Saugata Bhattacharyya, J.)