Buddheswar Das v. State Of West Bengal And ORS.

19.03.2026 Item No. 28 Ct. No. 14 IN THE HIGH COURT AT CALCUTTA AN CONSTITUTIONAL WRIT JURISDICTION APPELLATE SIDE WPA/17775/2025 BUDDHESWAR DAS VS THE STATE OF WEST BENGAL AND ORS.

Mr. Avijit Ganguly ...for the Petitioner.

Mr. Biplab Guha Ms. Salima Sumi ...for the State.

1.

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

2.

On the prayer of the learned advocate appearing for the petitioner, leave is granted to file supplementary affidavit.

3.

Supplementary affidavit filed on behalf of the petitioner is taken on record.

4.

By the present writ petition the petitioner seeks for direction upon the respondent authorities to set aside the release order dated 16th July, 2025 issued by the SubInspector of Schools, Balarampur Circle, Purulia. 5.

The petitioner contends that he joined as an Assistant Teacher in Deoli Primary School under Balarampur Circle, Purulia on 5th February, 2010. The petitioner was deputed in Balarampur Durgamela Primary School in the year 2012. The petitioner further joined Stationpara Girls Primary School on 20th March, 2013 as per instructions of the Sub-Inspector of Schools, Purulia. Again, on 27th April,

2014, as per instruction of the Sub-Inspector of Schools, the petitioner joined in Malti Shyamnagar Junior Basic Primary School and later transferred to Deoli Primary School in the year 2017. The petitioner prior to issuance of the impugned release order, was not served with the transfer order.

6.

Challenging the impugned release order, the petitioner has preferred the present writ petition.

7.

Mr. Avijit Ganguly, learned advocate appearing for the petitioner submits that the petitioner without being served with the transfer order has been released from his place of posting which is palpably bad in law. He seeks for appropriate orders.

8.

Mr. Biplab Guha, learned advocate representing the State submits that the petitioner has been transferred vide order dated 24th April, 2025, that is, prior to the issuance of the release order. The transfer order clearly records that a copy has been forwarded to the petitioner. Therefore, the argument advanced, does not stand to reason. He files a copy of statement of facts furnished by Sub-inspector of School, Balarampur Circle, Purulia dated 14th August, 2025, which is taken on record.

9.

Upon perusal of the records it reveals that the impugned release order has been issued on 16th July, 2025. As per the report of the State, as well as the supplementary affidavit, it is found that the transfer order is issued from the Office of the Chairman, District Primary School Council, Purulia, vide Memo No. 118/8(1) dated 24th April, 2025. The copy of the said transfer order has been

forwarded for information and necessary action to all the authority concerned including the petitioner. As such it appears that transfer order is followed by release order and copy has been duly forwarded to the petitioner. Hence, in view of the above, the writ petition falls short of merit. 10.

Accordingy, the writ petition being WPA 17775 of 2025 stands dismissed.

11.

Since no affidavits have been called for, the allegation made in the writ petition is deemed to be not admitted.

12.

Interim order, if any, stands vacated.

13.

All connected applications, if any, stand disposed of.

14.

There shall be no order as to costs.

15.

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

16.

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.)