Sk Tofajul Haque v. State Of West Bengal And ORS.

Court No. 18 (265704) WPA 21008 of 2024 Sk. Tofajul Haque 23.08.2024 Vs.

State of West Bengal & Ors.

(AD 14) (S. Banerjee) Mr. Shuvro P. Lahiri Mr. Rajesh Maskar ...for the petitioner Mr. Bibekananda Tripathy Ms. Ashima Das (Sil) ...for the State Mr. Sunit Kumar Roy ...for the SSC Affidavit of service filed by the petitioner be kept on record.

The matter relates to transfer of the petitioner on medical ground and an application was made on the designated portal seeking transfer to another school. Learned advocate representing the petitioner submits that the school authority, where the petitioner is presently working, processed the transfer application made by the petitioner and forwarded the same to the concerned District Inspector of Schools (SE) for taking further steps. The concerned District Inspector of Schools (SE) in turn processed the transfer application and forwarded the same to the office of the West Bengal Central School Service Commission through portal on 19th September,2022.

The grievance of the petitioner is, in spite of receipt of transfer application on portal by the Commission far back on 19th September, 2022, till date the said transfer application has not been decided. Petitioner prays for direction upon the Commission for taking expeditious decision on the said transfer application. Respondents are represented by learned advocates who have submitted jointly that due to suspension of Utsashree portal contemporaneous decision could not be taken on the transfer application of the petitioner. On behalf of the Commission it is further submitted that if concerned authority of the Commission is directed, appropriate decision shall be taken on the transfer application. Having considered the submissions made on behalf of the parties, the writ petition stands disposed of directing the Chairman of the West Bengal Central School Service Commission to decide the transfer application of the petitioner by four weeks from the date of communication of this order and the decision to be taken shall be communicated to the petitioner by one week thereafter.

It is made clear that suspension of Utsashree portal shall not be a ground for rejecting transfer application of the petitioner.

There shall be no order as to costs.

Urgent photostat certified copies, if applied for, be issued to the parties on compliance of requisite formalities.

(Saugata Bhattacharyya, J.)