Sabina Yasmin v. State Of West Bengal And ORS.
Ct. 05 Item No.12 28.09.2021 (suvendu) WPA 8773 OF 2021 (VIA VIDEO CONFERENCE) Sabina Yasmin Vs.
The State of West Bengal & Ors.
Mr. Rabi Sankar Chattopadhyay Mr. Uday Sankar Chattopadhyay Mr. Sayan Chattopadhyay Mr. Santanu Maji Ms. Smriti Das Mr. Akash Biswas Ms. Payel Shome ........for the petitioner Mr. Tapan Kumar Mukherjee Ms. Saheli Mukherjee ........for the State Mr. Prosenjit Mukherjee Mr. Nirmalaya Kumar Das Ms. Madhurima Sarkar .......for the Commission Affidavit of service filed in Court today is taken on record.
The writ petitioner is a non-teaching staff in a Government aided recognised Madrasah and prayed for transfer by submitting application in prescribed proforma on 15th March, 2011 before the concerned respondent authorities. In addition thereto, the writ petitioner deposited fees of Rs. 2500/-, which was required as per norms for submitting an application for transfer.
The grievance voiced on behalf of the writ petitioner is that in spite of preferring application for transfer in the year 2011, till date the same has not been processed by the West Bengal Madrasah Service Commission. The writ petitioner prays for necessary steps to be taken on the basis of the application of the writ petitioner for transfer dated 15th March, 2011, at page 20 of the writ petition.
Mr. Prosenjit Mukherjee, learned advocate representing the West Bengal Madrasah Service Commission submits that meanwhile the petitioner has already made an online application before the Commission seeking transfer. It has also been submitted that since the said application is pending before the Commission, necessary steps will be taken in accordance with law.
Considering the rival submissions made on behalf of the respective parties, this Court directs the concerned authorities of the West Bengal Madrasah Service commission to process the application of the writ petitioner for transfer which has been made online in accordance with law and if it is found that the writ petitioner is eligible to be transferred, necessary transfer order to be passed in favour of the writ petitioner. The Commission is further directed to adjust the sum, which was
deposited by the writ petitioner on 11th March, 2011 while submitting her fist transfer application in the year 2011, while processing the online application of the writ petitioner.
Accordingly, the writ petition stands disposed of without any order as to costs.
All parties to act on the server copy of this order downloaded from the official website of this Hon'ble Court.
Urgent photostat certified copy of this order, if applied for, is to be given to the parties upon compliance with the necessary formalities.
(Saugata Bhattacharyya, J.)