Iftesum Kabir v. State Of West Bengal And ORS.

13.08.2025 SL No. 10 Court No. 2 (P.M) WPA No. 10901 of 2025 Iftesum Kabir Vs The State of West Bengal & Ors.

Mr. Shamim ul Bari, Ms. Jhilik Singha ... for the petitioner.

Mr. Suman Dey, Ms. Kalpita Paul ... for the State Mr. Shamim ul Bari, learned Advocate appears for the petitioner.

Mr. Suman Dey, learned State counsel appears for the State with Ms. Kalpita Paul, learned Advocate. The solitary grievance of the petitioner is that the petitioner was appointed as Health Assistant (female) at Nadia whereas the home district of the petitioner is Malda.

The relevant rules says that the Health Assistant (female) has to be posted and appointed at her home district and if no vacancy is available there at the time of posting/appointment then the adjacent district or nearby district. Nadia admittedly is not a nearby district and/or adjacent to Malda.

On the health issue along with other grounds petitioner applied for transfer, claiming of posting at her home district at Malda.

By an office order dated June 25, 2025, annexure R1, at Page 4 to the report in the form of affidavit filed on behalf of the respondent No. 2, the petitioner has been posted at a sub-centre at Malda and the petitioner has been detailed to work at that place.

Mr. Bari, learned Advocate appearing for the petitioner submits that the petitioner claims permanent posting at Malda in accordance with law. After considering the rival contentions of the parties and on perusal of the materials on record it appears to this court that the petitioner has now been posted at her home district at Malda where she has been working.

In the event, the State authority takes any further decision to change the workplace of the petitioner, the appropriate authority of the State shall serve at least a prior thirty days notice to the petitioner.

Since the affidavits are not called for, the allegations made in this writ petition are deemed not to have been admitted by the respondents.

With the above observations and directions this writ petition being WPA 10901 of 2025 stands disposed of, without any order as to costs.

All parties shall act on the server copy of this order duly downloaded from the official website of this Court.

( Aniruddha Roy, J.)