Supravat Sarkar v. State Of West Bengal And ORS.

ML 137 20.08.2024 Ct. No. 18 adeb W.P.A. 8553 of 2023 Supravat Sarkar Vs.

The State of West Bengal & Ors.

Mr. Sudip Ghosh Chowdhury Ms. Shreyeta Mitra Ms. Afrin Nahar Mondal ...for the petitioner Mr. Biswajit De Ms. Rajlakshmi Ghatak ...for the State Mr. Sunit Kr. Roy ...for the SSC Affidavit of service filed on behalf of the petitioner is taken on record.

Matter relates to general transfer of the petitioner on the ground of distance in between the present school of the petitioner and his residence. The learned advocate for the petitioner submits that an application was filed seeking general transfer on 15th September, 2022 and the same was processed by the school authority where petitioner is presently serving and was sent to the office of the concerned District Inspector of Schools (SE). The concerned District Inspector of Schools (SE) in his turn forwarded the transfer application of the petitioner on 29th September, 2022 to the West Bengal Central School Service Commission for taking final decision. The grievance of the petitioner is in spite of receipt of transfer application through designated Portal by the

Commission far back on 29th September, 2022 till date the transfer application of the petitioner has not been decided.

State-respondents and the West Bengal Central School Service Commission are represented by learned advocates who have submitted jointly that due to suspension of Utsashree Portal with effect from 29th September, 2022 contemporaneous decision could not be taken on the transfer application of the petitioner. However, it is submitted on behalf of the Commission if concerned authority of the Commission is directed to take decision the transfer application of the petitioner shall be decided in accordance with law. Having considered the submissions made on behalf of the parties the writ petition stands disposed of directing the Chairman of the West Bengal Central School Service Commission being respondent no. 3 to decide the transfer application of the petitioner by 4 (four) weeks from the date of communication of this order and the decision to be taken by the respondent no. 3 shall be communicated to the petitioner by 1 (one) week thereafter.

It is made clear that the transfer application of the petitioner shall not be rejected on the ground of suspension of Utsashree Portal.

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.)