Achinta Kundu v. State Of West Bengal And ORS.
Court No. 18 (265704) WPA 11793 of 2023 Achinta Kundu 22.08.2024 Vs.
State of West Bengal & Ors.
(A 188) (S. Banerjee) Mr. Sudip Ghosh Chowdhury Ms. Shreyeta Mitra Mr. Afrin Nahar Mondal ...for the petitioner Dr. Sutanu Kumar Patra Ms. Supriya Dubey ...for the WBCSSC Ms. Koyeli Bhattacharyya Mr. Bibek Datta ...for the WBBSE Affidavit of service filed on behalf of the petitioner is taken on record.
The matter relates to transfer of the petitioner on medical ground based on an application for transfer preferred on designated portal on 13th August, 2021. Petitioner is an Assistant Teacher in a government aided secondary school.
Learned advocate for the petitioner submits that after preferring an application on the portal on 13th August, 2021, same was processed by the school authority where petitioner is presently serving and thereafter the transfer application was forwarded to the concerned District Inspector of Schools (SE) for taking further steps. The District Inspector of Schools
(SE) upon further processing the transfer application forwarded the same to the office of the West Bengal Central School Service Commission on 2nd August, 2022 for taking final decision. Grievance of the petitioner is in spite of receipt of transfer application far back on 2nd August, 2022, till date the Commission has not decided the said transfer application.
Respondents are represented by learned advocates.
It is submitted that contemporaneous decision could not be taken on the transfer application of the petitioner due to suspension of Utsashree portal with effect from 29th September, 2022. However, it has been submitted on behalf of the Commission, if direction is given upon the Chairman of the Commission, steps shall be taken for deciding the transfer application of the petitioner in accordance with law.
Having considered the submissions made on behalf of the parties the writ petition stands disposed of directing the Chairman of the West Bengal Central School Service Commission, being the respondent no. 3, to decide the transfer application of the petitioner by four weeks from the date of communication of this
order and the decision to be communicated to the petitioner by one week thereafter.
It is made clear that transfer application of the petitioner shall not be rejected on the ground of suspension of Utsashree portal.
However, there shall be no order as to costs. Urgent photostat certified copies, if applied for, be issued to the parties on compliance of requisite formalities.
(Saugata Bhattacharyya, J.)