Anindita Chakraborty v. The State Of West Bengal And ORS.

rkd 16.07.2024 Ct.18 W.P.A. 17198 of 2024 Anindita Chakroborty -vsThe State of West Bengal & Ors.

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

Mr. Pinaki Bhattacharya, Ms. Susmita Biswas Chowdhury ....for the State.

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

Mr. Sunit Kumar Roy ....for the WBCSSC.

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

The writ petition is heard in presence of the learned advocates representing the petitioner and the respondent authorities excepting the school authority where petitioner is presently serving. It is also submitted on behalf of the petitioner that an application for transfer on medical ground lastly made on 13th July, 2022 and the same is at present lying before the concerned District Inspector of Schools (S.E.), Jhargram being respondent no.4.

It has further been submitted by the petitioner that the transfer application along with the medical certificate issued by the CMOH,

Jhargram are required to be forwarded to the authority of the West Bengal Central School Service Commission for taking final decision on transfer. Mr. Bhattacharya, learned advocate representing the State submits medical certificate of CMOH, Jhargram dated 7th November, 2022 and the same is taken on record.

On perusal of the medical certificate of the concerned CMOH, Jhargram it appears that the CMOH has stated that there is justification in the transfer application of the petitioner seeking transfer on medical ground.

Having considered the submissions made on behalf of the petitioner and taking note of the medical certificate of the concerned CMOH dated 7th November, 2022 the writ petition stands disposed of directing the respondent no.4 to forward the transfer application along with necessary documents including the medical certificate of CMOH to the West Bengal Central School Service Commission by seven days from date of communication of this order.

On receipt of such transfer application the Chairman of the Commission being the respondent no.3 is directed to take decision on the transfer application of the petitioner by fortnight thereafter.

The decision to be taken by the Chairman shall be communicated to the petitioner within one week thereafter.

However, there shall be no order as to costs.

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.)