Somasree Patra v. State Of West Bengal And ORS.
S/L 2-4 15.5.2024 Court No.18 SD
IN THE HIGH COURT AT CALCUTTA
CONSTITUTIONAL WRIT JURISDICTION WPA 8644 of 2024 Somasree Patra Vs.
The State of West Bengal & Ors.
With WPA 9532 of 2023 Somasree Patra Vs.
The State of West Bengal & Ors.
With WPA 9129 of 2024 Chandan Pradhan Vs.
The State of West Bengal & Ors.
Mr. Kamalesh Bhattacharyya Mr. Kamal Mishra Mr. Subhadeep Maitra ... for the Petitioner [in WPA 8644 of 2024].
Mr. Gouranga Kr. Das Ms. Poulami Dutta ... for the Petitioner [in WPA 9129 of 2024] And for the Headmaster [in WPA 8644 of 2024 & WPA 9532 of 2023] Ms. Mitali Mukherjee ... for the State [in WPA 8644 of 2024].
Ms. Sima Adhikari ... for the State [in WPA 9532 of 2023].
Mr. Prosenjit Mukherjee Ms. Madhurima Sarkar ... for the Madrasah Service Commission.
Mr. Nadeem Sulaiman ... for the Board.
Re: WPA 8644 of 2024 & WPA 9532 of 2023:- The petitioner is an Assistant Teacher at Sagar Moniruddin High Madrasah of the subject English.
The petitioner, responding to a notice of the West Bengal Madrasah Service Commission applied for general transfer but could not participate in the counseling as the Madrasah authority has refused to issue her Last Pay Certificate (LPC) and to grant No Objection Certificate (NOC).
The petitioner has filed WPA 8644 of 2024 praying a direction upon the Madarasah authority to grant such NOC and has filed WPA 9532 of 2023 for a similar direction for issuance of LPC.
During pendency of the said writ petitions, the Madrasah authority has granted the said NOC and has also issued the said LPC to the petitioner.
In view of such development, no further order need be passed in the said two writ petitions.
Accordingly, WPA 8644 of 2024 and WPA 9532 of 2023 are disposed of without any order as to costs. Re: WPA 9129 of 2024:- The Sagar Moniruddin High Madrasah is the only Madrasah in the SAGAR Block, and has a sanctioned strength of 14 teachers, but at present, there are only 5 teachers, rests have taken general transfer.
The Managing Committee of the said Madrasah, the petitioner herein is praying that the prayer of its teachers for transfer shall not be allowed by the West Bengal Madrasah Service Commission till the vacancies of the Madrasah are filled up.
Mr. Mukherjee, learned advocate for the Commission submits that his client is aware of such situation and shall
make all endeavour to fill up the vacant posts of the said Madrasah by way of transfer and new recruitment. The Commission is directed to file a report on next date of hearing, detailing the steps likely to be taken by it to fill up the vacant posts of the said Madrasah. WPA 9129 of 2024 be listed on June 13, 2024.
Parties to act on the server copy of this order duly downloaded from the official website of this Court. (Biswajit Basu, J.)