Gargi Basu ( Ghosh) v. State Of West Bengal And ORS.

Mlrkd 25.09.2024 Ct.18 W.P.A. 16392 of 2023 Gargi Basu (Ghosh) -vsThe State of West Bengal & Ors.

Mr. Kamalesh Bhattacharya, Mr. Ashim Kumar Halder, Mr. Pradip Kumar Neogi, Mr. Anirban Saha ....for the petitioner.

Mr. Dipanjan Dutta, Mr. Soumen Chatterjee ....for the State.

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

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

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

Matter relates to transfer of the petitioner in terms of notification dated 10th February, 2023 that is based on policy for rationalization of teachers. An application was made for transfer but the same could not be considered by the respondent authorities as it has been submitted by the learned advocate representing the petitioner. Since transfer based on policy for rationalization of teachers can only be made in terms of Section 10C of the West Bengal School Service Commission Act, 1997 at present the transfer application of the petitioner cannot be

allowed since petitioner was appointed in the post of Assistant Teacher prior to coming into force of Section 10C in the year 2017.

The issue is pending before the Hon'ble Supreme Court. At this stage no relief can be granted to the petitioner.

Accordingly the writ petition stands dismissed.

However, this order shall not preclude the petitioner to apply for transfer in future, in accordance with law.

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.)