Md Sajahan Ali And ANR. v. State Of West Bengal And ORS.

01.08.2024 Court No. 18 Item No. 13 (Suvendu) WPA 18900 of 2024 Md. Sajahan Ali & Anr.

-Versus- The State of West Bengal & Ors.

Mr. Anindya Bose Mr. Santanu Majhi ........for the petitioner Mr. Sanjib Das ........for the State Mr. Sunit Kumar Ray ..........for the WBCSSC Affidavit of service filed on behalf of the petitioner is taken on record.

Matter relates to mutual transfer. Two teachers are before this Court with the present writ petition seeking direction upon the concerned authority of the West Bengal Central School Service Commission to take decision on mutual transfer applications of the petitioners. In support of such contention, reliance is placed on documents which are at pages 27 to 29 of the writ petition.

According to the petitioners, both the petitioners applied for mutual transfer on 1st September, 2022 on Utshasree portal and status of such applications of the petitioners show that those applications are under process.

State respondents and West Bengal Central School Service Commission are represented by the learned advocates who have jointly submitted that contemporaneously decision on mutual transfer applications of petitioners 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, mutual transfer applications of petitioners 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. 4 to take decision on mutual transfer applications of petitioners in accordance with law by four weeks from the date of communication of this order and the decision to

be taken by respondent no. 4 shall be communicated to petitioners by one week thereafter.

However, transfer applications of petitioners 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.)