Rajesh Mondal And ANR. v. State Of West Bengal And ORS.

12.06.2025 Court No. 18 Item No. 18 (Suvendu) WPA 10330 of 2025 Rajesh Mondal & Anr.

-VersusThe State of West Bengal & Ors.

Mr. Sudip Ghosh Chowdhury Ms. Shreyeta Mitra Ms. Pritha Biswas ........for the petitioner Ms. Jayeeta Sinha Mr. Ranjit Rajak .......for the State Mr. Koyeli Bhattacharyya Mr. Bibek Dutta Ms. Keya Panja ....for the WBBSE Mr. Kanak Kiran Bandyopadhyay ...... for the WBCSSC Affidavit of service filed on behalf of the petitioner is taken on record.

Petitioners made an application seeking mutual transfer which is pending before the West Bengal Central School Service Commission (for short, 'Commission") as submitted by learned advocates representing the petitioners and the Commission.

Grievance of the petitioners is in spite of pendency of the issue before the Commission till

date concerned authority of the Commission has not decided mutual transfer application.

Learned advocate for the Commission has opposed the prayer of the petitioners upon placing reliance on Rule 6 of the West Bengal School Service Commission (Mutual Transfer) Rules, 2012. It is submitted that it has been provided under Rule 6 that mutual transfer can be extended to an incumbent only once during entire service period. In the present case, petitioner no. 2 has been transferred mutually in 2016. Therefore, he is debarred from being transferred again mutually based on the application which has been made by him along with petitioner no. 1.

In view of Rule 6 of the West Bengal School Service Commission (Mutual Transfer) Rules, 2012, this Court finds that benefit of mutual transfer can be extended to an incumbent only once during entire service period.

Hence, no relief can be granted to the petitioners.

Writ petition stands dismissed.

However if petitioner no. 1 is not transferred mutually as yet, he shall be at liberty to make further application seeking mutual transfer along with another candidate in accordance with law.

Urgent photostat certified copy of this order, if applied for, be given to the parties on usual undertaking.

(Saugata Bhattacharyya, J.)