Raju De Karmakar v. State Of West Bengal And ORS.

30.07.2024 Court No. 18 Item No. 14 (Suvendu) WPA 18467 of 2024 Raju De Karmakar -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. Kanak Kiran Bandyopadhyay ......for the WBCSSC Ms. Sima Adhikari Ms. Kalpita Paul ........for the State Affidavit-of-service filed on behalf of the petitioner is taken on record.

Matter relates to transfer of the petitioner on medical ground and in this regard an application dated 19th July, 2022 has been preferred by the petitioner on Utshasree portal. In support of such contention, reliance is placed on a document which is at page 27 of the writ petition. It has further been submitted on behalf of the petitioner that after transfer application was processed first by the school authority and

subsequently by the concerned District Inspector of Schools the same was forwarded to the concerned authority of the West Bengal Central School Service Commission on 29th September, 2022 for taking final decision.

However, grievance has been expressed on behalf of the petitioner that till date decision has not been taken by the Commission.

Respondents are represented by the learned advocates.

It has been submitted on behalf of the Commission that perhaps due to suspension of Utshasree portal with effect from 29th September, contemporaneous decision on transfer application of the petitioner could not be taken. However, it is also submitted on behalf of the Commission that in the event direction is given upon the Commission appropriate steps shall be taken in accordance with law.

Having considered the submissions made on behalf of the parties, the writ petition is disposed of by directing the Chairman, West Bengal Central School Service Commission being the respondent no. 3 to decide the transfer application of the petitioner dated 19th July, 2022 by four weeks from the 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, it is made clear that 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 the order, if applied for, be given to the parties on usual undertakings.

(Saugata Bhattacharyya, J.)