Barun Bera v. The State Of West Bengal And ORS.

18.12.2025 Sl. No.16 Ct. No.14 Ss

IN THE HIGH COURT AT CALCUTTA

CONSTITUTIONAL WRIT JURISDICTION APPELLATE SIDE W.P.A. No. 19396 of 2025 Barun Bera

Versus

The State of West Bengal & Ors.

Mr. Somesh Kumar Ghosh Mr. Suman Mukherjee ...for the Petitioner.

Mr. Saibal Acharyya ...for the State Mr. Ratul Biswas Mr. Kaushik Chowdhury ... for the WBBPE Mr. Ranjan Saha ... for the DPSC, Jhargram and DPSC, Paschim Medinipur

1. Affidavit-of-service filed on behalf of the petitioner is taken on record.

2. By the present writ petition, the petitioner seeks for specific direction upon the respondent authorities particularly, respondent nos.2 to 4 to consider the representation of the petitioner for transfer on surplus and distance ground from his present place of posting, at Machhkandna Primary/Junior Basic School, under Belpahari Circle, District Jhargram to any school nearest to the residence of the petitioner under Paschim Medinipur District Primary School Council.

3. The petitioner contends that he is presently posted as Assistant Teacher at Machhkandna Primary/Junior Basic School, under Belpahari Circle, District

Jhargram since joining, i.e. on 6th February, 2017. The petitioner has to transfer 143 kilometres to attend the present place of posting. The parents of the petitioner are suffering from old-age diseases. The petitioner made a representation on 25th July, 2025 before the Secretary, West Bengal Board of Primary Education, respondent no.4 with a prayer for transfer, which is pending for consideration.

4. Mr.

Somesh Kumar Ghosh, learned Advocate appearing on behalf of the petitioner submits that specific direction be issued upon the respondent no.4, Secretary, West Bengal Board of Primary Education for consideration of the representation of the petitioner within a specified period of time.

5. Mr. Ranjan Saha, learned Advocate appearing on behalf the respondent nos.5 to 7 submits that the portal remains suspended and no step could be taken in the meantime. However, he submits that the matter be relegated to the appropriate authorities for taking a decision on the matter.

6. Mr. Ratul Biswas, learned Advocate appearing on behalf of the West Bengal Board of Primary Education and Mr. Saibai Acharyya, learned Advocate for the State submit in the similar fashion.

7. In view of such submissions advanced on behalf of the respective parties, the respondent No.4, the Secretary, West Bengal Board of Primary Education is directed to consider and dispose of the representation of the

petitioner dated 25th July, 2025, in accordance with law, within a period of six weeks from the date of communication of this order,

8. Petitioner is directed to communicate this order to the respondent no.4, the Secretary, West Bengal Board of Primary Education.

9. With the above direction, the writ petition being WPA 19396 of 2025 stands disposed of.

10. Since no affidavits have been called for, the allegation made in the writ petition is deemed to be not admitted.

11. Interim order, if any, stands vacated.

12. All connected applications, if any, stand disposed of.

13. There shall be no order as to costs.

14. All concerned parties shall act in terms of the copy of the order duly downloaded from the official website of this Court.

15. Urgent Photostat certified copy of the order, if applied for, be given to the parties on compliance of all necessary legal formalities.

(Bivas Pattanayak, J.)