Masum Akther v. The State Of West Bengal And ORS.

19.12.2025 Sl. No.11(DL) Ct. No.14 srm

IN THE HIGH COURT AT CALCUTTA

CONSTITUTIONAL WRIT JURISDICTION APPELLATE SIDE W.P.A. No. 20083 of 2025 Masum Akther

Versus

The State of West Bengal & Ors.

Mr. Somesh Kumar Ghosh, Mr. Sourojit Mukherjee, Mr. Sumon Mukherjee ...for the Petitioner.

Mr. Ratul Biswas, Mr. Kaushik Chowdhury ...for the WBBPE.

Md. Sanwar Jahan, Sk. Nayeemul Hoque, Ms. Tapati Sarkar ... for the State.

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

2. By the present writ petition, the petitioner seeks direction upon the respondent Nos.2 to 4 to consider the representation of the petitioner for transfer, on medical ground of the spouse and distance, from his present place of posting, i.e., Chak Beldubi Primary School, Panchla Circle, District-Howrah to any school nearest to her residence under Murshidabad District Primary School Council, within the district of Murshidabad.

3. The petitioner contends that he is joined is present place of posting at Chak Beldubi Primary School, Panchla Circle, District-Howrah as Assistant Teacher on 27th July, 2021. The petitioner has completed two

years of satisfactory service with effect from 27th July, 2023. The petitioner's mother is suffering from diabetes, high blood pressure and thyroid issues. The petitioner has to travel 240 km. to attend his present place of posting. On 22nd July, 2025, the petitioner made a representation before the Secretary, West Bengal Board of Primary Education, respondent No.4 with a prayer for transfer. However, the same is still pending with the authority. Hence, this writ petition.

4. Mr.

Somesh Kumar Ghosh, learned Advocate appearing on behalf of the petitioner submits that the respondent authorities, particularly respondent No.4, Secretary, West Bengal Board of Primary Education be directed to consider the representation of the petitioner within a specified period of time.

5. Mr. Ratul Biswas, learned Advocate appearing on behalf the respondent no.4, the Secretary, West Bengal Board of Primary Education, also submits that the matter be relegated to the appropriate authorities for taking a decision on the matter.

6. In view of such submissions advanced on behalf of the respective parties, the respondent No.4, Secretary, West Bengal Board of Primary Education is directed to consider and dispose of the representation of the petitioner dated 22nd July, 2025, in accordance with law, within a period of six weeks from the date of communication of this order.

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

8. With the above direction, the writ petition being WPA 20083 of 2025 stands disposed of.

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

10. Interim order, if any, stands vacated.

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

12. There shall be no order as to costs.

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

14. 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.)