Moumita Chatterjee v. The State Of West Bengal And ORS.

23.08.2024 Court No. 18 Item No.05 (Suvendu) WPA 20005 of 2024 Moumita Chatterjee -Versus- The State of West Bengal & Ors.

Mr. Sudip Ghosh Chowdhury ........for the petitioner Ms. Piyali Sengupta Ms. Tuhina Parvin .......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.

Matter relates to transfer application of petitioner on medical ground. Petitioner made an application seeking transfer to another school on designated portal on 27th January, 2022.

Learned advocate representing the petitioner submits that application of the petitioner was processed and forwarded by the school authority where petitioner is presently serving to the concerned District Inspector of Schools.

Thereafter concerned District Inspector of Schools on processing the transfer application

forwarded the same to the West Bengal Central School Service Commission on 11th April, 2022. Movement of transfer application on the portal appears from a document which is at page 18 of this writ petition.

Grievance of the petitioner is in spite of receiving transfer application far back on 11th April, 2022 till date said transfer application has not been decided.

Respondents 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. 3 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.)