Sudipta Narayan Maiti v. State Of West Bengal And ORS.

23.04.2025 DL.19 Ct. No.18 (pp) WPA 8269 of 2025 Sudipta Narayan Maiti Vs.

The State of West Bengal & Ors.

Mr. Uttam Kumar Bhattacharyya ... for the petitioner.

Mr. Jahar Dutta, Mr. Sourav Mondal ....for the State.

Affidavit of service filed in Court today on behalf of the petitioner is taken on record.

Petitioner, being the Headmaster of a secondary school, made an application for transfer on 1st October, 2018 before the Commissioner of School Education, Government of West Bengal and according to the petitioner the same was not considered contemporaneously. Petitioner prays for consideration of his transfer application now by filing the present writ petition on 9th April, 2025.

On query being posed to the learned advocate why delay was caused in approaching this Court since application for transfer was made on 1st October, 2018 but the writ petition has been filed on 9th April, 2025, precisely six and a half years after transfer application

was preferred by the petitioner, no plausible explanation is offered.

During pendency of the transfer application, procedure for transferring teacher/Headmaster is altered. Petitioner made application for transfer on 1st October, 2018 and the same was preferred before the Commissioner of School Education, West Bengal, but at present West Bengal Central School Service Commission is the appropriate authority to finally decide the transfer application of the petitioner. In view of the delay caused in approaching this Court, no relief can be granted to the petitioner and the writ petition stands dismissed.

However, this order shall not preclude the petitioner to apply for transfer afresh in accordance with law.

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

(Saugata Bhattacharyya, J.)