Dintaran Haldar v. State Of West Bengal And ORS.

12.06.2025 rkd Ct.18 W.P.A. 10378 of 2025 Dintaran Haldar -vsThe State of West Bengal & Ors.

Mr. Sudip Ghosh Chowdhury, Mr. Shreyeta Mitra, Ms. Debalina Chakraborty, Ms. Pritha Biswas, Mr. Subhadeep Maitra ....for the petitioner.

Ms. Siptra Majumder, Ms. Somashree Dey ....for the State.

Ms. Koyeli Bhattacharyya, Mr. Bibek Dutta, Ms. Keya Panja, ....for the WBBSE.

Mr. Kanak Kiran Bandyopadhayay ....for the WBCSSC.

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

Matter relates to transfer of the petitioner who is Group-D staff of a Government aided recognized school.

Petitioner made an application for transfer on Utsashree portal on 25th July, 2022 since the child of the petitioner is suffering from Thalassemia. The school authority where petitioner is presently working has forwarded the transfer application of the petitioner to the concerned District Inspector of Schools (SE) for taking further steps. The

District Inspector of Schools (SE) in his turn has processed the transfer application of the petitioner and forwarded the same to the office of the West Bengal Central School Service Commission through portal on 5th August, 2022 for taking final decision.

The grievance of the petitioner is in spite of receipt of transfer application far back on 5th August, 2022 till date the same has not been decided. Respondents are represented by learned advocates who have submitted jointly that due to suspension of Utsashree portal with effect from 29th September, 2022 contemporaneous decision could not be taken.

However, it has been submitted on behalf of the Commission if direction is given upon the Chairman of the Commission the transfer application of the petitioner shall be decided in accordance with law. Having considered the submissions made on behalf of the parties, the writ petition stands disposed of directing the Chairman, West Bengal Central School Service Commission being respondent no.4 to decide the transfer application of the petitioner in accordance with law by six weeks from the date of communication of this order.

The decision to be taken by the respondent no.4 shall be communicated to the petitioner by

fortnight thereafter.

However, it is made clear that suspension of Utsashree portal shall not be a ground for rejecting the transfer application of the petitioner.

There shall be no order as to costs.

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

(Saugata Bhattacharyya, J.)