Banasree Paul v. State Of West Bengal And ORS.

18.08.2025 Ct. No. 18 adeb W.P.A. 15471 of 2025 Banasree Paul Vs.

The State of West Bengal & Ors.

Mr. Shuvro P. Lahiri Mr. Rajesh Naskar Mr. Ankan Mondal ...for the petitioner Mr. Bhaskar Prasad Vaisya Mr. Mrinal Kanti Ghosh ...for the State Mr. Sourav Mitra ...for the CSSC

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

2. Petitioner applied for transfer since daughter of the petitioner is suffering from Thalassaemia. Transfer application was made on Utsashree Portal on 29th December, 2021. It is submitted by learned advocate for the petitioner that the school where petitioner is working forwarded the transfer application with 'no objection' to the District Inspector of Schools (SE) concerned for taking further steps. The District Inspector of Schools (SE) in his turn processed the transfer application and forwarded the same to the West Bengal Central School Service Commission on 19th September, 2022 for taking decision. Grievance of the petitioner is in spite of receipt of transfer

application far back on 19th September, 2022 till date transfer application has not been decided.

3. Respondents are represented by learned advocates who have submitted perhaps due to suspension of portal with effect from 29th September, contemporaneous decision could not be taken on transfer application of the petitioner.

4. Hon'ble Division Bench and this Court have already decided that suspension of portal ought not to be a ground to reject transfer application or to keep the transfer application pending for an indefinite period. Relevant rules relating to transfer confer right upon the applicant-teacher to have his or her transfer application decided by the concerned authority in accordance with law.

5. In the present case it is found that daughter of the petitioner is suffering from Thalassaemia requiring immediate consideration of transfer application of the petitioner as a special case.

6. Accordingly, the Chairman, West Bengal Central School Service Commission being respondent no. 4 is directed to decide transfer application of the petitioner by 4 (four) weeks from the date of communication of this order and the decision shall be communicated to the petitioner by 10 (ten) days thereafter.

7. It is made clear that suspension of portal shall not be a ground to reject transfer application of the petitioner.

8. Writ petition stands disposed of.

9. Urgent photostat certified copy of the order, if applied for, be given to the parties, upon usual undertakings.

(Saugata Bhattacharyya, J.)