Moumita Dutta v. State Of West Bengal And ORS.

03. 01 . 2022 WPA 14713 of 2021 (Via Video Conference) BP Sl. 29 Court No. 17.

Moumita Dutta Vs.

The State of West Bengal & Ors.

Mr. Ujjal Ray ..for the petitioner.

Mr. Supriyo Chattopadhyay Ms. Iti Dutta ..for State.

Learned advocate for the petitioner submits that the petitioner made one application for her transfer through Utshashree portal which has been sent back to her on the ground that she is the single teacher in the post in the school. However, learned advocate for the petitioner points out that the petitioner made the application before the Government circular regarding single teacher post dated 8th September, 2021. The Government circular dated 8th September, 2021 does not have any retrospective effect. Therefore, on this ground the petitioner's application cannot be sent back and it has to be considered by the concerned authority. The decision of sending back is quashed. The concerned District Inspector of Schools is

directed to take steps for transfer of the petitioner considering that the circular dated 8th September, 2021 does not have any application in the case of the petitioner.

With the above direction, this writ application is disposed of.

(Abhijit Gangopadhyay, J. )