Debabrata Mridha v. The State Of West Bengal And ORS

10.07.2024 sayandeep Sl. No. 27 Ct. No. 08 MAT 1209 of 2024 With CAN 1 of 2024 Debabrata Mridha Vs.

The State of West Bengal & ors.

Mr. Sudip Ghosh Chowdhury Ms. Shreyeta Mitra .... for the appellant Ms. Sipra Majumdar Ms. Prativa Ghatak ..... for the State Mr. Sunit Kr. Roy ... for the SSC Ms. Koyeli Bhattacharyya Mr. Bibek Dutta ... for the WBBSE The writ petition filed by the appellant alleging inaction on the apart of the School Service Commission in not taking a conscious decision on an application for transfer on medical grounds is rejected by the Single Bench as the earlier application for transfer filed by the petitioner on other ground having rejected, the subsequent application is not bona fide.

There is no barrier on the part of an employee to apply for transfer if the circumstances necessitating such transfer is different. Though the learned Single Judge has opined that the rejection of the writ petition shall not prevent the petitioner to make an application seeking transfer if the situation arise in future, the second application necessitated by a medical emergency

should be considered as a changed circumstances and, therefore, the rejection in such manner does not appear to be appropriate.

Furthermore, the application for transfer on medical ground was processed at two tire of the system and has reached to the domain of the School Service Commission. Such fact should be taken into account as the authorities at the foundational level held that the ground so raised needs to be scrutinized by a higher authority.

In such view of the matter, the order impugned is set aside.

The School Service Commission is directed to take a conscious decision on the said application within three weeks from the date of the communication of this order in accordance with law.

Accordingly, MAT 1209 of 2024 is dispose of without any order as to costs.

The connected application being CAN1 of 2024 is also disposed of.

(Harish Tandon, J.) (Prasenjit Biswas, J.)