Bhabesh Gorai And ANR v. State Of West Bengal And ORS.

17.09.2024 d.p.

In The High Court At Calcutta Constitutional Writ Jurisdiction Appellate Side W.P.A 20115 of 2024 Bhabesh Gorai & Anr.

-versus The State of West Bengal & Ors.

Mr. Shuvro P. Lahiri, Mr. Rajesh Naskar, Mr. Ankan Mondal.

...For the Petitioners.

Mr. Debobrata Banerjee, Mr. Sakhawat Khandakar.

...For the State.

Affidavit-of-service filed in Court today is taken on record.

Leave granted to the advocate on record of the petitioners to implead the Chairman, District Primary School Council, Paschim Bardhaman as party respondent in the instant writ petition and serve copy of the writ petition upon the added respondent. The petitioners applied for mutual transfer. Their application is pending consideration at the end of the District Primary School Council, Paschim Bardhaman. Without going into the merits of the application, the instant writ petition is disposed of by directing the Chairman, District Primary School Council, Paschim Bardhaman to consider the said application in accordance with law, at the earliest, but positively within a period of 90 days from the date of communication of this order. A reasoned order shall be

passed and communicated to the petitioners immediately thereafter.

As the petitioners have already put in more than two years of service, accordingly, the Council will not insist upon production of the letter of confirmation at the time of consideration of the application seeking transfer.

Since this is a case of mutual transfer, the restriction of putting in five years service prior to consideration of the application for transfer may not be made applicable in this case.

Learned advocate for the petitioners is directed to forward a copy of the application seeking transfer to the aforesaid respondent at the time of communicating the order of the Court.

The writ petition stands disposed of.

Urgent certified photocopy of this order, if applied for, be supplied to the parties expeditiously on compliance of usual legal formalities.

( Amrita Sinha, J.)