Chitralekha Biswas v. State Of West Bengal And ORS.
13.08.2024 Court No. 18 Item No.10 (Suvendu) WPA 19598 of 2024 Chitralekha Biswas -Versus- The State of West Bengal & Ors.
Mr. Arindam Chattopadhyay Ms. Lipika Chatterjee Ms. Tapati Saha ........for the petitioner Mr. Supriyo Chattopadhyay, Ld. AGP Mr. Arindam Ghosh .......for the State Ms. Koyeli Bhattacharyya Mr. Bibek Dutta ....for the WBBSE Mr. Sunit Kumar Roy ........for the WBCSSC Affidavit of service filed on behalf of the petitioner is taken on record.
Grievance of the petitioner is nonconsideration of transfer application made by her on 26th August, 2022 on medical ground.
The learned advocate representing the petitioner submits that after preferring the transfer application on medical ground on 26th August, 2022 the same was processed by the school authority where petitioner is presently serving and thereafter by the concerned District Inspector of Schools and on getting medical
report from the concerned Chief Medical Officer of Health the transfer application of the petitioner was forwarded to the West Bengal Central School Service Commission for taking final decision. In support of such submissions, documents at pages 49 to 51 of the writ petition are relied upon.
It appears from those documents that on 29th September, 2022 transfer application of the petitioner was received by the Commission. It is submitted that in spite of receiving transfer application far back on 29th September, 2022 till date said transfer application has not been decided.
State respondents and West Bengal Central School Service Commission are represented by the learned advocates who have jointly submitted that perhaps due to suspension of Utshasree portal contemporaneous decision could not be taken on the transfer application of the petitioner. However, it is submitted on behalf of the Commission that if direction is given upon the concerned authority of the Commission, transfer application of the petitioner shall be decided in accordance with law.
Having considered the submissions made on behalf of the parties, writ petition stands disposed of directing the Chairman of the Commission being the respondent no. 4 to decide transfer application of petitioner in accordance with law by four weeks from the date of communication of this order and the decision to be taken by the Commission shall be communicated to the petitioner by one week thereafter.
It is made clear that transfer application of the petitioner shall not be rejected due to 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.)