Swarnalata Bera v. West Bengalcentralschool Service Commission And ORS.9
26.09.2024 Court No. 18 Item No. 32 (Suvendu) WPA 21176 of 2022 Swarnalata Bera -Versus- West Bengal Central School Service Commission & Ors.
Mr. Kamalesh Bhattacharya Mr. Ashim Kumar Haldar Mr. Pradip Kumar Neogi Mr. Anirban Saha ........for the petitioner Dr. Sutanu Kumar Patra Ms. Supriya Dubey .....for the WBCSSC Mr. Biswabrata Basu Mallick, Ld. AGP Mr. Sanjib Das .......for the State Ms. Koyeli Bhattacharyya Mr. Bibek Dutta ...for the WBBSE Mr. Anshuman Chakraborty Mr. Prasanta Bishal ....for the respondent nos. 8 and 9 Pursuant to the order dated 3rd September, 2024, affidavit of service has been filed and same is taken on record.
In terms of directions as contained in the order dated 3rd September, 2024, District Inspector of Schools (SE), Paschim Medinipur has filed a report dated 5th September, 2024. Same is also taken on record.
On perusal of the report of the concerned District Inspector of Schools, it appears that vacancy of Headmistress in Midnapore Collegiate Girls' High School (HS) is still existing.
It is the case of the petitioner that she was recommended by the West Bengal Central School Service Commission on 2nd May, 2022 to be transferred from the post of Headmistress of Lalgarh Saradamoni Balika Vidyalaya (HS), Jhargram to Midnapore Collegiate Girls' High School. It is also contended that after issuance of recommendation on 2nd May, 2022 and appointment letter dated 13th May, 2022 by the Secretary, West Bengal Board of Secondary Education petitioner could not join transferred post since school authority of Lalgarh Saradamoni Balika Vidyalaya (HS) did not release the petitioner.
Today, Lalgarh Saradamoni Balika Vidyalaya (HS), Jhargram is represented by learned advocate who submits that at present they have no objection if petitioner is transferred from her present post to the transferred post in terms of the transfer order dated 13th May, 2022.
In view of the report submitted by the District Inspector of Schools (SE), Paschim
Medinipur disclosing existence of vacancy of Headmistress in Midnapore Collegiate Girls'
High School (HS) and taking note of the submissions made on behalf of Lalgarh Saradamani Balika Vidyalaya (HS) that the said school authority has no objection against the transfer of the petitioner, the concerned respondent authorities are directed to permit the petitioner to join the transferred post on compliance of necessary formalities relating to handing over charge immediately. Petitioner shall join the transferred post by four weeks from this date.
With the above observations and directions, writ petition stands disposed of. There shall be, however, no order as to costs.
Urgent photostat certified copy of this order, if applied for, be given to the parties on usual undertakings.
(Saugata Bhattacharyya, J.)