Shibasis Bhattacharjee v. State Of West Bengal And ORS.

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(DL) (DL) 21.05.2025 21.05.2025 Ct. No. 18 (ARPAN) W.P.A. 9236 OF 2025 Sri Shibasis Bhattacharjee Vs.

The State of West Bengal & Others Mr. Subhrajit Saha, Adv.

Ms. Indrani Roy, Adv.

...for the Petitioner Ms. Sipra Mazumder, Adv.

Ms. Prativa Ghatak, Adv.

...for the State Ms. Supriya Dubey, Adv.

...for W.B.C.S.S.C.

Ms. Koyeli Bhattacharyya, Adv.

Mr. Bibek Dutta, Adv.

Ms. Keya Panja, Adv.

...for W.B.B.S.E.

Affidavit-of-service filed on behalf of the petitioner is taken on record.

Petitioner being an Assistant Teacher has applied for transfer on medical ground since petitioner is suffering from serious ailment. However, such transfer application was made in offline mode by making an application on 6th March, 2025.

On perusal of the writ petition, it does not appear that application was made seeking transfer in the prescribed pro-forma. In this regard reliance is placed on the order of the Hon'ble Division Bench dated 14th February, 2025 passed on an intra-court appeal being FMA 103 of 2025 (Tanushri Karmakar v. State of West Bengal & Ors.).

In Tanushri Karmakar (supra) the Hon'ble Division Bench has succinctly held that once a thing is

required to be done in a particular manner it should be done in such manner and not otherwise. The moment the form is prescribed in the rules shaping an integral part of the statutory provisions, it cannot be whittled down nor to be done away at the behest of the beneficiary of the said rules nor the other stakeholders of the said rules can dispense with the strict adherence of such statutory norms.

In view of the aforesaid observation made by the Hon'ble Division Bench in the order dated 14th February, 2025 and in absence of transfer application made in prescribed pro-forma, no relief can be granted to the petitioner.

Hence, writ petition stands dismissed.

However, this order shall not preclude the petitioner to take steps, in accordance with law, seeking transfer.

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.)