Chaina Maji v. The State Of West Bengal And ORS.
W.P.A. 8720 of 2025 rkd d 01.05.2025 Ct.18 Chaina Maji -vsThe State of West Bengal & Ors.
Mr. Sudip Ghosh Chowdhury, Ms. Sreyetas Mitra, Mr. Pritha Biswas ....for the petitioner.
Mr. Avijit Sarkar, Ms. Suman Singh ....for the State.
Mr. Sunit Kumar Roy ....for the WBCSSC.
Affidavit-of-service filed on behalf of the petitioner is taken on record.
Matter relates to transfer of the petitioner on general ground (distance).
It has been submitted by the learned advocate representing the petitioner that last application was made on Utsashree portal on 3rd July, 2022 which was processed by the school authority where petitioner is presently working and forwarded the same to the concerned District Inspector of Schools (SE) for taking further steps. The concerned District Inspector of Schools (SE) in his turn has processed the transfer application of the petitioner on compliance of necessary formalities and forwarded the same to the office of
the West Bengal Central School Service Commission through portal on 15th July, 2022 for taking final decision.
The grievance of the petitioner is in spite of receipt of transfer application far back on 15th July, 2022 through portal till date no decision has been taken by the Commission.
The respondents are represented by learned advocates who have jointly submitted that due to suspension of Utsashree portal with effect from 29th September, 2022 contemporaneous decision could not be taken.
However, it has been submitted on behalf of the Commission that if direction is given upon the Chairman of the Commission 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, West Bengal Central School Service Commission being respondent no.4 to decide the transfer application of the petitioner in accordance with law by six weeks from the date of communication of this order.
The decision to be taken by the respondent
no.4 shall be communicated to the petitioner by ten days thereafter.
However, it is made clear that suspension of Utsashree portal shall not be a ground for rejecting the transfer application of the petitioner. There shall be no order as to costs.
Urgent photostat certified copy of this order, if applied for, be given to the learned Advocates for the parties on the usual undertakings.
(Saugata Bhattacharyya, J.)