Sangeeta Sukla Baidya v. State Of West Bengal And ORS.

25.08.2022.

Court No.13 Item No. 228 ap W.P.A. No. 9158 of 2022 Sangeeta Sukla Baidya

Versus

The State of West Bengal & Ors.

Md. Mokaram Hossain, Mr. Sandipan Maity.

...For the petitioner.

Mr. Bhaskar Prasad Vaisya, Mr. Mrinal Kanti Ghosh.

..For the State.

Dr. Sutanu Kumar Patra, Ms. Supriya Dubey.

..For the WBCSSC.

Affidavit-of-service filed in Court today be taken on record.

The petitioner's application for transfer on special grounds i.e. Divorce was returned as if it were a general transfer. The petitioner has not completed five years of service in the present School.

Since the five year Rule cannot be applied to the transfer on special grounds, the petitioner shall make an application for transfer on special ground (divorce) afresh immediately.

The respondents shall process and dispose of the said application of the petitioner in terms of the 2015 Rules and within the time frame stipulated under the Notification dated 21st December, 2021. Upon the petitioner being transferred a suitable person shall be posted in the said School by the respondents to replace the petitioner.

With the aforesaid directions, the instant writ petition shall stand disposed of.

There will be no order as to costs.

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.)