Ramprosad Chaklader v. State Of West Bengal And ORS.

IN THE HIGH COURT AT CALCUTTA

CONSTITUTIONAL WRIT JURISDICTION APPELLATE SIDE 11.08.2025 rkd W.P.A. 14471 of 2025 Ct.18 DO Ramprosad Chaklader -vsThe State of West Bengal & Ors.

Mr. Sudip Ghosh Chowdhury, Ms. Shreyeta Mitra, Ms. Pritha Biswas, ....for the petitioner.

Mr. Naba Kumar Das, Mr. Biplab Majumder ....for the State.

Ms. Koyeli Bhattacharyya, Mr. Bibek Dutta ....for the WBBSE.

Mr. Kanak Kiran Bandyopadhyay ....for the WBCSSC.

1.

Affidavit-of-service filed on behalf of the petitioner is taken on record.

2.

Petitioner made an application for transfer on Utsashree portal on 6th April, 2022 since wife of the petitioner is suffering from gynecological disorder and in the meantime three years have passed.

3.

Learned advocate representing respondent authorities have submitted health condition of wife of the petitioner may have improved due to constant treatment and care requiring fresh medical examination.

4.

In view of respective submissions made on behalf of

the parties, District Inspector of Schools (SE), Murshidabad being respondent no.5 is directed to obtain medical report afresh from the concerned Chief Medical Officer of Health/Medical Board on medical examination of wife of the petitioner by four weeks from the date of communication of this order.

5.

In the medical report CMOH/Medical Board is required to opine considering the health condition of wife of the petitioner whether she requires constant care and supervision or not.

6.

If medical report justifies transfer of the petitioner, respondent no.5 shall forward transfer application along with medical report to the Chairman, West Bengal Central School Service Commission being respondent no.4 by fortnight thereafter.

7.

On receipt of transfer application and medical report respondent no.4 shall decide the same in accordance with law by eight weeks thereafter. 8.

The decision to be taken by the respondent no.4 shall be communicated to the petitioner by fortnight thereafter.

9.

The writ petition stands disposed of.

10. However, it is made clear that suspension of Utsashree portal shall not be a ground for rejecting the transfer application of the petitioner.

11. There shall be no order as to costs.

12. Urgent photostat certified copy of this order, if applied for, be given to the learned Advocates for the parties on the usual undertakings.

(Saugata Bhattacharyya, J.)