Sheikh Enamul Ali v. State Of West Bengal And ORS.

03.09.2024 DL.11 Ct. No.18 PP WPA 21492 of 2024 Sheikh Enamul Ali Vs.

The State of West Bengal & Ors.

Mr. Ujjal Ray, Mr. Arpa Chakraborty, Sk. Abdur Rahim ... for the petitioner.

Mr. Saugata Shankar Roy, Mr. Pradip Paul ....for the State.

Mr. Sunit Kumar Roy ....for WBCSSC.

Affidavit of service filed in Court today on behalf of the petitioner is taken on record.

Matter relates to transfer of the petitioner on medical ground since the petitioner being an Assistant Teacher is suffering from heart ailment.

The learned advocate representing the petitioner submits that an application for transfer was made on designated portal on 2nd September, 2022 and the same was forwarded by the school authority where the petitioner is presently serving for taking necessary steps to the District Inspector of Schools (S.E.), Murshidabad. The concerned District Inspector of Schools in his turn has taken steps and forwarded the

transfer application of the petitioner to the West Bengal Central School Service Commission for taking final decision.

The grievance of the petitioner is in spite of receipt of transfer application by the West Bengal Central School Service Commission far back on 14th October, 2022 on the portal, till date transfer application has not been decided.

Respondents are represented by learned advocates.

The learned advocate representing the State respondents appears on virtual mode.

It has been submitted on behalf of the Commission that perhaps due to suspension of designated portal with effect from 29th September, 2022, contemporaneous decision could not be taken on the transfer application of the petitioner. However, it is further submitted on behalf of the Commission since transfer application has been forwarded by the concerned District Inspector of Schools through portal on 14th October, 2022 and the same shall be decided in accordance with law if direction is given by this Court.

Having considered the respective submissions made on behalf of the parties, the writ petition stands

disposed of directing the Chairman, West Bengal Central School Service Commission, respondent no.2 to decide the transfer application of the petitioner by 4 (four) weeks from the date of communication of this order and the decision to be communicated to the petitioner by one week thereafter.

It is clarified that transfer application of the petitioner shall not be rejected on the ground of suspension of Utshashree portal.

There will be no order as to costs.

Urgent photostat certified copy of the order, if applied for, be given to the parties, upon usual undertakings.

(Saugata Bhattacharyya, J.)