Kaji Nawaj Sarif v. State Of West Bengal And ORS.

15-04-2024 ct no. 13 Sl. 353 pk WPA 9472 of 2024 Kaji Nawaj Sarif -VersusThe State of West Bengal & Ors.

Mr. S. P. Lahiri, Mr. Rajesh Naskar ..for the petitioner.

Mr. Biswabrata Basu, ... for the DPSC, Uttar Dinajpur Mr. Shamim ul Bari, Ms. Sucheta Pal ... for the State.

1.

Affidavit of service filed in Court is taken on record.

2.

The petitioner applied for intra district transfer within Uttar Dinajpur district from Itahar Circle on the ground of 80 per cent visual disability.

It appears from the Utsashree portal extract that the petitioner was recommended for transfer by the Secretary of the DPSC on 12th October, 2022.

3.

In the above circumstances, this Court directs the DPSC, Uttar Dinajpur to ascertain as to whether the medical condition of the petitioner prevalent as on

2022 was similar to his medical condition in February 2017 when he joined service.

4.

If the medical condition has substantially deteriorated from February 2017 till date, the petitioner may be considered for transfer by the Chairman, DPSC, Uttar Dinajpur within a period of eight weeks from date.

5.

For the aforesaid purpose, the DPSC, Uttar Dinajpur shall be entitled to verify the medical records of the petitioner and also make enquiries from the service book of the petitioner.

6.

Let a copy of the writ petition along with a copy of this order be served on the Chairman, DPSC, Uttar Dinajpur afresh.

7.

Since two years have passed after the petitioner exercised application for transfer, any school nearby chosen may be considered if the Chairman, DPSC, Uttardinajpur is satisfied with the criteria indicated above.

8.

The writ petition is disposed of.

9.

All parties are directed to act on a server copy of this order duly downloaded from the official website of this Court.

(Rajasekhar Mantha, J.)