Durba Sarkar v. State Of West Bengal And ORS.
14.08.2024 Court No. 18 Item No.130 (ML) (Suvendu) WPA 8264 of 2023 Durba Sarkar -Versus- The State of West Bengal & Ors.
Mr. Anindya Bose Mr. Santanu Maji Mr. Mridul Biswas ........for the petitioner Ms. Iti Dutta .......for the State Mr. Sourav Mitra ....for the WBCSSC Affidavit of service filed on behalf of the petitioner is taken on record.
Matter relates to transfer of the petitioner on the ground of distance in between present school and place of residence of petitioner.
The learned advocate representing the petitioner submits that after preferring the transfer application on 5h April, 2022 the same was processed by the school authority where petitioner is presently serving and thereafter by the District Inspector of Schools (SE), North 24 Parganas. Subsequently the concerned District Inspector of Schools forwarded the transfer application to the West Bengal Central School
Service Commission on 13th June, 2022 for taking final decision. It is submitted that in spite of receiving transfer application far back on 13th June, till date said transfer application has not been decided.
Learned advocates representing the respondents jointly submit that perhaps due to suspension of Utshasree portal contemporaneous decision could not be taken on the transfer application of the petitioner. However, it is submitted on behalf of the Commission that if direction is given upon the concerned authority of the Commission, transfer application of the petitioner shall be decided in accordance with law.
Having considered the submissions made on behalf of the parties, writ petition stands disposed of directing the Chairman of the West Bengal Central School Service Commission being respondent no.3 to decide transfer application of petitioner in accordance with law by four weeks from the date of communication of this order and the decision to be taken by the Commission shall be communicated to the petitioner by one week thereafter.
It is made clear that transfer application of the petitioner shall not be rejected due to suspension of Utshasree portal.
There shall be, however, no order as to costs.
Urgent photostat certified copy of this order, if applied for, be given to the parties on usual undertakings.
(Saugata Bhattacharyya, J.)