Abhishek Bera v. The State Of West Bengal And ORS.

13.09.2024 Ct. No. 18 adeb W.P.A. 22495 of 2024 Sri Abhishek Bera Vs.

The State of West Bengal & Ors.

Mr. Bharat Ch. Simai ...for the petitioner Ms. Koyeli Bhattacharyya Mr. Bibek Dutta ...for the WBBSE Mr. Sourav Mitra ...for the WBCSSC Mr. Ratul Biswas Mr. Agniswar Chowdhury ...for the State Affidavit of service filed on behalf of the petitioner is taken on record.

Matter relates to transfer of the petitioner on medical ground and an application was made on Utsashree Portal seeking transfer by the petitioner. Reliance is placed on a document at page 34 of the writ petition wherefrom it appears that transfer application of the petitioner was forwarded by the concerned District Inspector of Schools (SE) on 19th September, 2022 to the West Bengal Central School Service Commission for taking final decision.

Grievance of the petitioner is in spite of receipt of transfer application by the Commission far back in the month of September, 2022 till date same has not been decided.

Respondents are represented by learned advocates who have submitted that contemporaneous decision on transfer application of the petitioner could not be taken due to suspension of Portal. However, it is submitted on behalf of the Commission if direction is given upon the concerned authority the transfer application of the petitioner shall be decided.

Having considered the respective submissions made on behalf of the parties writ petition stands disposed of directing the Chairman, West Bengal Central School Service Commission being respondent no. 3 to decide the transfer application of the petitioner by 8 (eight) weeks from the date of communication of this order and communicate the decision to the petitioner by 1 (one) week thereafter.

However, it is made clear that suspension of Utsashree Portal shall not be a ground for rejecting transfer application of the petitioner.

There shall 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.)