Payel Tapader And ANR v. State Of West Bengal And ORS.

18.12.2025 Ct. No.14 pg.

IN THE HIGH COURT AT CALCUTTA

CONSTITUTIONAL WRIT JURISDICTION APPELLATE SIDE WPA 14710 of 2025 Payel Tapader & Anr.

v.

The State of West Bengal & Ors.

Mr. Shuvro Prakash Lahiri Mr. Rajesh Naskar Mr. Ankan Mondal ... For the petitioners Mr. Ratul Biswas Mr. Kaushik Chowdhury ... For the WBBPE Mr. Bhaskar Prasad Vaisya Mr. Pinaki Bhattacharyya ... For the DPSC, North 24-Parganas 1.

Affidavit of service filed on behalf of the petitioners is taken on record.

2.

By the present writ petition, the petitioners seek direction upon the respondent authorities to grant mutual transfer in favour of the petitioners by allowing the petitioner no.1 to join Pifa FP School under Basirhat New Circle and to allow the petitioner no.2 to join Purba Sakdal Primary School under Dinhata Intensive Circle under respective District Primary School Councils upon completion of all formalities.

3.

Mr. Shuvro Prakash Lahiri, learned advocate, for the petitioners submits that upon application for mutual transfer, the process has been initiated

and the request is pending with the West Bengal Board of Primary Education. He seeks for appropriate direction upon the West Bengal Board of Primary Education to consider the prayer of mutual transfer of the petitioners. He also indicates that both the petitioners have completed two years of service. However, no confirmation letter has been issued till date.

4.

Mr. Ratul Biswas, learned advocate, for the Board submits that the matter be relegated to the appropriate authority to take a decision on the matter of mutual transfer by and between the petitioners if in the meantime such decision has not been taken.

5.

In view of the above, Secretary, West Bengal Board of Primary Education, being the respondent no.4, is directed to consider and take a decision with regard to the mutual transfer of the petitioners within a period of six weeks from the date of communication of this order in accordance with law.

6.

Since the petitioners have already completed two years of service, accordingly, the Board will not insist upon production of letter of confirmation from the petitioners at the time of consideration of the application seeking transfer.

7.

With the above directions, the writ petition being WPA 14710 of 2025 stands disposed of.

8.

All connected applications, if any, stand disposed of.

9.

Interim order, if any, stands vacated.

10. There shall be no order as to costs.

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

12. Urgent photostat certified copy of this order, if applied for, be given to the parties, upon compliance of necessary formalities.

(Bivas Pattanayak, J.)