Rama Rofuth @ Rama Chatterje v. The State Of West Bengal And ORS.

13.08.2024 Court No. 18 Item No.11 (Suvendu) WPA 19614 of 2024 Rama Routh @ Rama Chatterjee -Versus- The State of West Bengal & Ors.

Mr. Sayan Raul ........for the petitioner Mr. Swapan Banerjee Mr. Suman Chatterjee .......for the State Affidavit of service filed on behalf of the petitioner is taken on record.

Matter relates to transfer of the petitioner on the ground of distance in between the present school of the petitioner and her place of residence. Last application was made by the petitioner on 25th March, 2022 on the portal and the same was forwarded by the concerned school authority to the District Inspector of Schools (SE), Howrah being the respondent no. 4 on 22nd April, 2022 for taking necessary steps.

It is submitted by the learned advocate representing the petitioner that in terms of the notification dated 3rd January, 2022 issued by the Additional Secretary to the Government of

West Bengal, School Education Department, it is the duty of the respondent no. 4 to make local arrangement to facilitate petitioner's transfer to another school which has not been done in the present case.

The learned advocate representing the State respondents submits that the respondent no. 4 on 29th May, 2022 sent back the transfer application of the petitioner to the school authority where petitioner is presently serving. According to the learned advocate representing the State respondents, respondent no. 4 has taken steps on the transfer application of the petitoner.

Having considered the submissions made on behalf of the parties and taking note of the purport of the notification dated 3rd January, 2022, writ petition stands disposed of by directing the respondent no. 4 to make an endeavour to find out a willing teacher of neighboring school who can man the post of the petitioner temporarily which would facilitate transfer of the petitioner till the regular incumbent joins the post which is to be created due to transfer of the petitioner. If the respondent no. 4 finds that it is a fit case for

local arrangement in terms of said notification dated 3rd January, 2022 and in the event willing teacher is found petitioner shall be transferred in accordance with law.

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.)