Gobinda Mondal v. State Of West Bengal And ORS.

Mlrkd 24.06.2024 Ct.18 W.P.A. 21222 of 2022 Gobinda Mondal -vsThe State of West Bengal & Ors.

Mr. Biswarup Biswas, Ms. Atreyee Dey Ganguly ....for the petitioner.

Mr. Sourav Mitra ....for the WBCSSC.

Mr. Avishek Prasad ....for the State.

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

In the writ petition petitioner has made an application for transfer on the ground of distance between his place of residence and the school where he is presently serving. Such application was made on 18th August, 2021. However, the concerned respondent authorities while processing the application of the petitioner for transfer found that the petitioner was a single teacher in the subject in the concerned school; therefore the application of the petitioner could not be processed further which triggered the present writ petition. This Court has heard the learned advocates representing the petitioner, State respondents and the West Bengal Central School Service

Commission.

This Court has also considered the notification date 3rd January, 2022 issued by the Addition Secretary to the Government of West Bengal, School Education Department.

Accordingly, the writ petition stands disposed of directing the concerned District Inspector of Schools to make endeavour to find out a teacher who is willing to take classes in the subject of the petitioner in the concerned school for temporary basis which would facilitate transfer of the petitioner to some other school.

If such teacher is found from a neighbouring school in that event the transfer application of the petitioner shall be considered in accordance with law and while considering the same suspension of Utsashree portal will not create any impediment.

However, there shall be no order as to costs.

Urgent photostat certified copy of this order, if applied for, be given to the learned Advocates for the parties on the usual undertakings.

(Saugata Bhattacharyya, J.)