Sujay Ghosh v. State Of West Bengal And ORS.

18.11.2024 Court No. 18 Item No. 114 (ML) (Suvendu) WPA 21300 of 2023 Sujay Ghosh -Versus- The State of West Bengal & Ors.

Mr. Sudip Ghosh Chowdhury Ms. Shreyeta Mitra ........for the petitioner Mr. Sunit Kumar Roy ......for the WBCSSC Ms. Sima Adhikary Ms. Kakoli Naskar .....for the State Ms. Koyeli Bhattacharyya Mr. Bibek Dutta Ms. Keya Panja .......for the WBBSE Affidavit of service filed on behalf of the petitioner is taken on record.

Matter relates to transfer of petitioner on medical ground since wife of petitioner is suffering from ailment.

Grievance of the petitioner is in spite of making application for transfer on 14th September, 2022 on Utshasree portal and same was forwarded by the District Inspector of Schools (SE), Murshidabad on 24th November, 2022 after doing necessary formalities to West Bengal Central School Service Commission, till date concerned authority of the Commission has

not taken any decision on the transfer application.

Learned advocates representing the respondents have jointly submitted that contemporaneously decision on transfer application of the petitioner could not be taken due to suspension of Utshasree portal with effect from 29th September, 2022.

However, it has been submitted on behalf of the Commission that if direction is given upon the appropriate authority, transfer application of the petitioner shall be decided in accordance with law.

In view of submissions made on behalf of the parties, the writ petition stands disposed of by directing the Chairman, West Bengal Central School Service Commission being respondent no. 3 to take decision on transfer application of the petitioner by eight weeks from date of communication of this order in accordance with law and the decision to be taken by respondent no. 3 shall be communicated to the petitioner by one week thereafter.

However, transfer application of the petitioner shall not be rejected on the ground of suspension of Utshasree portal.

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.)