Hirumohan Mandal v. State Of West Bengal And ORS.

12.06.2025 Court No. 18 Item No. 37 (Suvendu) WPA 10494 of 2025 Hirumohan Mandal -VersusThe State of West Bengal & Ors.

Mr. Duke Banerjee Mr. Ranjit Kumar Barman ........for the petitioner Mr. Arindam Mondal Mr. Prashant Kumar Tripathi .......for the State Affidavit of service filed on behalf of the petitioner is taken on record.

Petitioner being an Assistant Teacher of Taranagar S.K.S. Vidyamandir (High), South 24 Parganas made offline application on 10th January, 2025 to the District Inspector of Schools (SE), South 24 Parganas seeking transfer to a school which is nearby to his residence since wife of the petitioner is suffering from Breast Cancer and he has two children, one is studying in Class VII and another is studying in Class III. Another transfer application has also been submitted before the Commissioner of School Education on 24th February, 2025.

Petitioner prays for consideration of transfer application expeditiously.

State respondents are represented by learned advocate and it is submitted that transfer application of the petitioner should be routed through concerned school where petitioner is presently working.

Having perused the transfer application which is made to the District Inspector of Schools (SE), South 24 Parganas being respondent no. 3 it appears that same is not in prescribed format whereas under the relevant statutory rules applicant-teacher is required to make transfer application in prescribed format and same shall be submitted to the school.

In view of aforesaid situation, leave is granted to the petitioner to make an application for transfer on the ground that wife of the petitioner is suffering from Breast Cancer in prescribed format within a period of four weeks from date. If transfer application in the prescribed format is made within aforesaid time, Head of the Institution being respondent no. 5 shall forward the same to respondent no. 3 by seven days from date of receipt of transfer application. In the event respondent no. 3 receives transfer application medical report shall be obtained on medical examination of wife of the petitioner by fortnight thereafter and if medical report justifies transfer of the petitioner transfer

application along with medical report shall be forwarded to West Bengal Central School Service Commission for taking final decision by fortnight thereafter.

With the aforesaid directions, writ petition stands disposed of.

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

(Saugata Bhattacharyya, J.)