Jayanta Mandal v. State Of West Bengal And ORS.

31.07.2024 31.07.2024 Ct. No. 18 adeb W.P.A. 18479 of 2024 Jayanta Mandal Vs.

The State of West Bengal & Ors.

Mr. Sudip Ghosh Chowdhury Ms. Shreyeta Mitra ...for the petitioner Ms. Koyeli Bhattacharyya Mr. Bibek Dutta ...for the Board Mr. Jahangir Hossain ...for the State Mr. Sourav Mitra ...for the CSSC Affidavit of service filed on behalf of the petitioner is taken on record.

Matter relates to transfer of the petitioner being an assistant teacher in a Government aided secondary school. It has been submitted by the learned advocate for the petitioner that transfer application dated 11th July, 2022 was made by the petitioner seeking transfer on medical ground due to ailment of petitioner's wife. It is also submitted that the school authority where petitioner is working processed the transfer application and obtained report from the concerned BMOH and thereafter forwarded the transfer application of the petitioner to the concerned District Inspector of Schools

(SE), Purulia being respondent no. 4 on 22nd October, 2022 for taking necessary steps. The grievance has been ventilated on behalf of the petitioner that in spite of forwarding transfer application by the school authority far back on 22nd October, 2022 no steps have been taken by the respondent no. 4.

It is also submitted that till date medical verification by the CMOH has also not been done. Respondents are represented by learned advocates who submit that if steps are taken by the respondent no. 4 in accordance with law and if medical verification is made on sending the petitioner's wife to the CMOH in that event subsequent steps can be taken for transfer of the petitioner.

Having considered the submissions made on behalf of the parties the writ petition stands disposed of directing the respondent no. 4 to send the petitioner's wife for medical verification to be made by the CMOH and if medical report justifies transfer of the petitioner in that event District Inspector of Schools is directed to forward the transfer application of the petitioner along with necessary documents to the office of the West Bengal Central School Service Commission for taking final decision.

Aforesaid exercise shall be carried out by the respondent no. 4 by 4 (four) weeks from the date of communication of this order.

There shall be no order as to costs.

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

(Saugata Bhattacharyya, J.)