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Calcutta High CourtWPA/11039/2024disposed

Rita Ghosh Sarkar v. The State Of West Bengal And ORS.

2024-09-17Hon'Ble Justice Saugata Bhattacharyya3 pages

17.09.2024 Ct. No. 18 adeb W.P.A. 11039 of 2024 Rita Ghosh Sarkar Vs.

The State of West Bengal & Ors.

Mr. Shyamal Kr. Mukherjee Mr. Susanta Kumar Gangopadhyay Mr. Arun Kumar Chakraborty Mr. Subas Roy Ms. Subhasree Banerjee ...for the petitioner Mr. Subhendu Bandopadhyay Mr. Syed Nasirul Hossain ...for the State Dr. Sutanu Kumar Patra Ms. Supriya Dubey ...for the WBCSSC Ms. Koyeli Bhattacharyya Mr. Bibek Dutta ...for the WBBSE Affidavit-of-service filed on behalf of the petitioner is taken on record.

Matter relates to transfer of the petitioner on medical ground since the daughter of the petitioner is suffering from serious ailments. Petitioner is presently working as headmistress of a Government aided recognized secondary school who has made application for transfer on 18th November, 2022 on Utsashree Portal. The said transfer application of the petitioner was processed by the school authority where petitioner is serving and thereafter same was forwarded to the District Inspector of Schools (SE) South 24 Parganas on 22nd November, 2022. The grievance of the petitioner is after

her transfer application was forwarded through Portal to the concerned District Inspector of Schools (SE) no steps have been taken as yet to forward the transfer application to the concerned authority of the West Bengal Central School Service Commission for taking final decision.

Respondents are represented by learned advocates who have jointly submitted perhaps 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.

Having heard the learned advocates representing the parties the concerned District Inspector of Schools (SE) South 24 Parganas is directed to take steps for medical verification of the petitioner's daughter by concerned Medical Officer and obtain medical report. If medical report justifies transfer of the petitioner the District Inspector of Schools (SE) South 24 Parganas is directed to forward the transfer application of the petitioner along with medical report to the West Bengal Central School Service Commission.

The aforesaid exercise shall be completed by the District Inspector of Schools (SE) South 24 Parganas by 6 (six) weeks from the date of communication of this order. If the Commission receives the transfer application of the petitioner the Chairman of the Commission shall take

final decision on transfer of the petitioner within a reasonable time.

With the aforesaid observations and directions, the writ petition stands disposed of.

Mr.

Susanta Kumar Gangopadhyay, learned advocate representing the petitioner is granted leave to further amend the cause title of this writ petition and add District Inspector of Schools (SE) South 24 Parganas as additional respondent in course of this day. However, service of notice upon the District Inspector of Schools (SE) South 24 Parganas stands dispensed with since the State-respondents are represented by learned advocate.

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.)