Partha Roy v. State Of West Bengal And ORS.

151 17.4.2023 WPA 11998 OF 2022 Sc Ct. no.22 --------- Partha Roy Vs.

The State of West Bengal & Ors.

Mr. Ujjal Ray .... For the Petitioner Ms. Rama Halder Mr. Biswajit Dutta.

.... For the State Mr. Sourav Mitra .... For the Respondent Nos. 2 & 3 Mr. Tarun Kumar Das .... For the Respondent Nos. 8 & 9 Affidavit-of-service, filed in Court today, is taken on record.

Mr. Ujjal Ray, learned counsel appeared for the petitioner.

Ms. Rama Halder, learned counsel appeared for the State.

Mr. Sourav Mitra, learned counsel appeared for the respondent nos. 2 and 3.

Mr. Tarun Das, learned counsel appeared for the respondent nos. 8 and 9.

The petitioner at present is working at the respondent no.8 school. Way back in 2018 he applied for transfer.

Relying upon a document, Annexure - P2 at page 27 to the writ petition dated March 26, 2018 Mr. Ujjal Ray, learned counsel for the petitioner submitted that,

the respondent no.2 had already referred the matter before the respondent no.7 to search for the relevant option for vacancy for the petitioner. The petitioner submitted that, since then no step was taken. Today, in curse of the hearing Ms. Rama Halder, learned State advocate had placed a communication received from her client, signed by the Commissioner of School Education, West Bengal, the said communication is kept on record. A copy of the communication has already been handed over to Mr. Ujjal Ray, learned counsel for the petitioner. From the said communication it appeared that, the prayer for transfer of the petitioner was rejected on the ground of "Single Teacher". In view of the above, nothing survives in this writ petition any further.

This writ petition, WPA 11998 of 2022 stands dismissed without any order as to costs.

However, this order shall not preclude the petitioner to take appropriate measure from the said decision of rejection of his transfer strictly in accordance with law.

(Aniruddha Roy, J.)