Jayita Chowdhury v. State Of West Bengal And ORS.
28.01.2025 Court No. 25 D.Hira WPA 17945 of 2021 Jayita Chowdhury Vs.
The State of West Bengal & Ors.
Mr. Subhrangsu Panda, Ms. Haritri Roy, Mr. Ratul Ghosal.
... for the petitioner Ms. Koyeli Bhattacharyya, Mr. Bibek Datta.
... for the WBBSE Mr. Bhaskar Prasad Vaisya, ld. A.G.P., Mr. Arindam Chattopadhyay.
... for the State Dr. Sutanu Kumar Patra, Ms. Supriya Dubey.
... for the WBCSSC 1.
The present case, the writ petitioner has challenged the alleged inaction on the part of the concerned respondent authorities, in issuing recommendation for her transfer, pursuant to her application of transfer dated April 16, 2016.
2.
Much water has flown through the river of Ganges till the time the vacancy report as regards the vacant suitable post for the petitioner being available or not, reaches the office of the respondent/West Bengal Central School Service Commission.
3.
Before that, on December 19, 2019, the Secretary West Bengal Central School Service Commission vide its letter addressed to the District Inspector of Schools, Secondary Education, Barasat, North 24 Parganas had recommended for transfer of the petitioner and had sought for the vacancy report.
4.
A report of the District Inspect of Schools, Secondary Education, Barasat, North 24 Parganas dated January 7, 2025, would reveal that a vacancy in the post of an Assistant Teacher for Nutrition subject, in Hatthuba, Kalibala Kanya Bidyapith (H.S.), Village & P.O. - Hatthuba, District North 24 Parganas would be available. That, a report of such vacancy being available, has already been sent by the said office to the respondent/commission.
5.
Upon perusal of the report as above, it is further noticed that the entire file enclosing requisite documents and duly filled up transfer application of the petitioner dated April 16, 2016, has been forwarded to the office of the West Bengal Central School Service Commission, by the District Inspector of Schools, Secondary Education, at Barrackpore. 6.
In terms of the Court's order dated January 9, 2025, a fresh report has been submitted by Mr. Arindam Chattopadhyay, on behalf of the State respondent. 7.
On perusal of the same, the Court is of the opinion that in accordance with the rules, the respondent West Bengal Central School Service Commission would be the appropriate authority for recommending the petitioner's name for being transferred to the respondent No. 10 school, where the vacancy is now available and report to that effect has already been submitted before the Competent Authority that is, the West Bengal Central School Service Commission, by the District Inspector of School (Secondary Education) Barasat, North 24 Parganas.
8.
In such view of the facts, the Court finds it proper to dispose of the present writ petition by directing the respondent/West Bengal Central School Service Commission, to immediately issue an order of recommendation for transfer of the petitioner to the school namely, Hatthuba, Kalibala Kanya Bidyapith (H.S.), Village & P.O. - Hatthuba, District North 24 Parganas, respondent No. 10 in this case in accordance with law.
9.
The entire exercise as above shall be concluded by the respondent West Bengal Central School Service Commission, within a period of ten days from the date of receipt of copy of this order.
10. The Board of Secondary Education as well as School Authority should undertake all the follow up actions immediately thereafter, for issuance of the appointment letter and allow the petitioner to join in the said school, in accordance with law.
11. With the above observations and directions, the writ petition being WPA 17945 of 2021 is disposed of, along with the pending applications, if any.
12. Urgent certified website copy of this order, if applied for, be supplied to the parties upon compliance with all requisite formalities.
(Rai Chattopadhyay, J.)