Shilpi Bhattacharjee And ANR. v. State Of West Bengal And ORS.

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(DL) (DL) 13.06.2025 13.06.2025 Ct. No. 18 (ARPAN) W.P.A. 10380 OF 2025 Shilpi Bhattacharjee & Another Vs.

The State of West Bengal & Others Mr. Sudip Ghosh Chowdhury, Adv.

Ms. Shreyeta Mitra, Adv.

Ms. Pritha Biswas, Adv.

Mr. Subhodeep Maitra, Adv.

...for the Petitioners Mr. Tushar Sinha Mahapatra, Adv.

Mr. Parikshit Goswami, Adv.

...for the State Mr. Kanak Kiran Bandyopadhyay, 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 petitioners is taken on record.

Grievance of the petitioners is in spite of preferring mutual transfer application on Utsashree portal, same has not been considered by the concerned respondent authorities. Petitioners pray for direction upon the concerned respondent authorities to take decision on their mutual transfer application. Learned advocate representing West Bengal Central School Service Commission has opposed the prayer of the petitioners on the strength of Rule 6 of the West Bengal School Service Commission (Mutual Transfer) Rules, 2012 (hereinafter referred to as '2012 Rules') wherein it has been provided that mutual transfer shall be admissible only once during the entire service of an incumbent. It is submitted that petitioner no.2 on

previous occasion was mutually transferred along with another candidate. Therefore, further mutual transfer of petitioner no.2 is impermissible.

Having considered the respective submissions made on behalf of the parties and taking note of the provisions as contained in Rule 6 of 2012 Rules, since it is found that petitioner no.2 has once been mutually transferred, he is not eligible to be transferred on mutual ground again. Therefore, no relief can be granted to the petitioners.

Hence, writ petition stands dismissed.

However, this order shall not preclude the petitioner no.1 to make further application for mutual transfer along with another candidate who has not been mutually transferred previously, in accordance with law. Urgent photostat certified copy of the order, if applied for, be given to the parties, upon usual undertakings.

(Saugata Bhattacharyya, J.)