Tariq Ikbal v. The State Of West Bengal And ORS.

41.

41.

(DL) (DL) 24.04.2025 24.04.2025 Ct. No. 18 (ARPAN) W.P.A. 7931 OF 2025 Tariq Ikbal Vs.

The State of West Bengal & Others Mr. Sudip Ghosh Chowdhury, Adv.

Ms. Shreyeta Mitra, Adv.

Ms. Pritha Biswas, Adv.

...for the Petitioner Mr. Sugata Shankar Roy, Adv.

Ms. Tuhina Parvin, Adv.

...for the State Mr. Avishek Prasad, Adv.

Mr. Sourodeep Singha, Adv.

...for DPSC, Malda Affidavit-of-service filed on behalf of the petitioner is taken on record.

Matter relates to transfer of the petitioner from one primary school to another primary school in the same district.

It is submitted by learned advocate representing the petitioner that on the date of preferring the application for transfer on general ground petitioner did not complete five years of continuous service as confirmed primary teacher. West Bengal Primary Education (Transfer of Teachers including Head Teacher) Rules, 2002 has been amended vide notification dated 13th September, 2021 and amended Rule 4(b) of the said Rules prescribes that in case of single transfer a confirmed primary teacher has to complete five years of continuous service. Therefore, amended Rule 4(b)

provides a pre-condition that in the event of transfer on general ground, applicant teacher needs to complete five years of service as a confirmed teacher. In the present case, admittedly petitioner has not completed five years of service. Hence, no relief can be granted to the petitioner.

Writ petition stands dismissed.

There shall be no order as to costs.

Urgent photostat certified copy of the order, if applied for, be given to the parties, upon usual undertakings.

(Saugata Bhattacharyya, J.)