Papia Karak v. The State Of West Bengal And ORS.

26.07.2024 Court No. 18 Item No. 33 (Suvendu) WPA 18188 of 2024 Papia Karak -Versus- The State of West Bengal & Ors.

Mr. Sudip Ghosh Chowdhury Ms. Shreyeta Mitra ........for the petitioner Ms. Koyeli Bhattacharyya Mr. Bibek Dutta ....for the WBBSE Mr. Anand Farmania (on virtual mode) ........for the State Mr. Sunit Kumar Ray ..........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 respondents.

However, learned advocate representing the State respondents appears on virtual mode. Grievance of the petitioner being an Assistant Teacher of a Government aided school, is failure on the part of the respondent

authorities to take decision on transfer application of petitioner dated 10th September, 2022. It is submitted on behalf of the petitioner that transfer application was made on medical ground and the same was processed first by the concerned school authority where petitioner is working at present and subsequently by the concerned District Inspector of Schools and thereafter the same was forwarded to the office of the West Bengal Central School Service Commission on 20th December, 2022. According to the petitioner, till date such transfer application has not been decided by the concerned authority of the Commission.

Learned advocates representing the respondents have jointly submitted that contemporaneously decision on transfer application of the petitioner could not be taken due to suspension of Utshasree portal with effect from 29th September, 2022.

However, it has been submitted on behalf of the Commission that if direction is given upon the appropriate authority, transfer application of the petitioner shall be decided in accordance with law.

In view of submissions made on behalf of the parties, the writ petition stands disposed of by directing Chairman, West Bengal Central School Service Commission, being the respondent no. 3 to take decision on transfer application of the petitioner by four weeks from date of communication of this order and the decision to be taken by the respondent no. 3 shall be communicated to the petitioner by one week thereafter.

However, transfer application of the petitioner shall not be rejected on the ground of suspension of Utshasree portal.

There shall be, however, no order as to costs.

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

(Saugata Bhattacharyya, J.)