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Calcutta High CourtWPA/17040/2025disposed

Ranajit Mondal v. The State Of West Bengal And ORS.

2025-09-10Hon'Ble Justice Bivas Pattanayak3 pages

10.09.2025 Sl. No.23(DL) Ct. No.42 srm

IN THE HIGH COURT AT CALCUTTA

CONSTITUTIONAL WRIT JURISDICTION APPELLATE SIDE W.P.A. No. 17040 of 2025 Ranajit Mondal

Versus

The State of West Bengal & Ors.

Mr. Dilip Kumar Maity ...for the Petitioner.

Mr. Asish Kumar Guha, Mr. Joyak Kumar Gupta ...for the State.

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

2. By the present writ petition, the petitioner seeks direction upon the respondent No.3, the Commissioner, Department of Panchayat & Rural Development, Government of West Bengal to consider the recommendation of inter district transfer in favour of the petitioner posted as "Sahayak" of Kulpi Gram Panchayat, South 24Parganas to the jurisdiction of the respondent No.4, District Magistrate, Nadia.

3. The petitioner contends that he joined as "Sahayak" on 16th August, 2025 under Kulpi Gram Panchayat on provisional appointment. The appointment of the petitioner was confirmed on 16th August, 2020 as per order dated 27th July, 2021 under Memo

No.43799/P-14013(12)/2/2013-DPRDO issued by respondent no.5, District Masgistrate & Executive Officer, 24-Parganas (South). The petitioner made an application on 27th September, 2022 for inter district transfer which was recommended to respondent No.3 by the Pradhan, Kulpi Gram Panchayat, the respondent No.8 as well as the Block Development Officer, Kulpi, the respondent No.7. However, till date such prayer of the petitioner for inter district transfer has not been considered. Hence, this writ petition.

4. Mr. Dilip Kumar Maity, learned Advocate for the petitioner submits that a direction be issued upon the respondent No.3 to consider the prayer of the petitioner for inter district transfer.

5. Mr. Joyak Kumar Gupta, learned Advocate for the State submits that as per the terms and conditions of the provisional appointment letter the transfer of the employee of a gram panchayat should be made within the district of South 24-Parganas. There are also existing vacancies in the district and if such transfer of the petitioner is allowed, the functioning of the administration will be affected. However, he submits that the matter may be directed for consideration by appropriate authority namely, respondent No.3, Commissioner, Department of Panchayat & Rural Development.

6. In view of such submissions, the writ petition being WPA 17040 of 2025 is disposed of directing the respondent No.3, Commissioner, Department of Panchayat & Rural Development to consider the prayer of the petitioner for inter district transfer dated 27th September, 2022 within a period of six weeks from date of communication of this order in accordance with law.

7. Learned advocate for the petitioner is directed to communicate this order to respondent No.3, Commissioner, Department of Panchayat & Rural Development.

8. Interim order, if any, stands vacated.

9. All connected applications, if any, stand disposed of.

10. There shall be no order as to costs.

11. All concerned parties shall act in terms of the copy of the order duly downloaded from the official website of this Court.

12. Urgent Photostat certified copy of the order, if applied for, be given to the parties on compliance of all necessary legal formalities.

(Bivas Pattanayak, J.)