Ananya Gorai v. State Of West Bengal And ORS.

07.12.2023.

Court No.13 Item No. 177 sp W.P.A. No. 20806 of 2023 Ananya Gorai

Versus

The State of West Bengal & Ors.

Mr. Sudip Ghosh Chowdhury, Ms. Bina Baidya, Ms. Shreyeta Mitra ...For the petitioner.

Mr. Vimal Kr. Shahi, Mr. Vijay Agarwal ...for the State Mr. Ratul Biswas, Mr. Kaushik Chowdhury ..for the W.B.B.P.E.

1. The petitioner has applied for transfer on medical ground that she has cancer.

2. It appears from the record that she underwent surgery for cancer in the year 2019. She joined service in the school in 2021.

3. The petitioner must, therefore, be deemed to have known of her condition before joining the post in question.

4. In the above circumstances, minimum period for which she is required to serve, before seeking transfer on any ground, therefore, will negate the petitioner's application for transfer.

5. The petitioner's prayer for transfer stricto sensu therefore cannot be on medical grounds. The petitioner has to wait for completion of 5 years before applying for transfer on any general ground.

6. In that view of the matter, no relief can be granted to the petitioner.

7. Hence, WPA 20806 of 2023 fails and is hereby dismissed.

8. There shall be no order as to costs.

9. All parties shall act on the server copy of this order duly downloaded from the official website of this Court.

(Rajasekhar Mantha, J.)