Pratick Kumar Hati v. The Government Of West Bengal And ORS.
02.07.2024 Court No. 18 Item No. 18 (Suvendu) WPA 16407 of 2024 Pratick Kumar Hati -VersusThe State of West Bengal & Ors.
Mr. Sudip Ghosh Chowdhury .........for the petitioner Ms. Sharmila Datta Das Ms. Rupamita Laha ......for the State Mr. Sourav Mitra .....for the WBCSSC Ms. Koyeli Bhattacharyya Mr. Bibek Dutta .....for the WBBSE The petitioner has prayed for rerecommendation in order to transfer him from his present school to another school which is nearby to the place of his residence. It has been submitted on behalf of the petitioner that based on his transfer application a recommendation was issued vide memo dated 7th September, 2021 by the Secretary, West Bengal Central School Service Commission for transferring the petitioner from his present school to Kotrong
Bhupendra Smriti Vidyalaya (HS), District - Hooghly. When the petitioner tried to join the said school, it was intimated by the said school that the post where the petitioner was to be transferred is not lying vacant. It is also submitted that non-availability of suitable vacancy for transfer of the petitioner in the said school also prevented the concerned authority of the West Bengal Board of Secondary Education to issue transfer order.
On being informed by the said school authority that the suitable post is not lying vacant, the petitioner approached the concerned authority of Commission for rerecommendation in order to transfer petitioner to some other school. According to the petitioner, till date such application for rerecommendation is pending. The State respondents, West Bengal Central School Service Commission and West Bengal Board of Secondary Education are represented by the learned advocates.
Mr. Mitra, learned advocate representing the Commission submits that cooperation from the concerned District Inspector of Schools is necessary in finding out a suitable vacancy for
transferring the petitioner from his present school since recommendation memo was issued on 7th September, 2021 and in the meantime more than two and half years have passed.
Identical submission has also been made on behalf of the other respondents.
Having considered the submissions made on behalf of the parties, the writ petition stands disposed of by directing the concerned authority of the West Bengal Central School Service Commission to re-recommend the petitioner for his transfer to a school which is nearby to his place of residence.
In order to find out a suitable vacancy for transferring petitioner, concerned District Inspectors of schools (SE), Howrah and Hooghly are directed to cooperate with the West Bengal Central School Service Commission upon reporting a vacancy within a period of fortnight from the date of communication of this order. On such vacancy being reported to Commission, the concerned authority of the Commission is directed to re-recommend the petitioner within seven days from the date of receiving such intimation of vacancy.
The concerned authority of the Board is also directed to issue transfer order in favour of the petitioner by seven days from the date of issuance of re-recommendation by Commission.
On transfer order to be issued by the Board, the petitioner is directed to join the transferred post immediately thereafter.
It needs to be recorded herein that this order is passed upon placing reliance on the order of this Court dated 7th December, 2023 passed on a writ petition being WPA 9347 of 2023 (Nabanita Mukherjee Vs. The State of West Bengal & Ors.). A copy of the order dated 7th December, 2023 is kept with the record.
There shall be, however, no order as to costs.
Urgent photostat certified copy of this order, if applied for, be given to the parties on usual undertakings.
(Saugata Bhattacharyya, J.)