Basanti Mondal Bag v. State Of West Bengal And ORS.

DL - 20 18.09.2024 Ct No. 18 S.Das

IN THE HIGH COURT AT CALCUTTA

CONSTITUTIONAL WRIT JURISDICTION APPELLATE SIDE WPA 22579 of 2024 Basanti Mondal Vs.

The State of West Bengal & Ors.

Mr. Sudip Ghosh Chowdhury ... for the petitioner.

Mr. Supratim Dhar Mr. Debanjan Chatterjee ...for the State.

Mr. Kanak Kiran Bandyopadhyay ...for the WBCSSC.

Ms. Koyeli Bhattacharyya Mr. Bibek Datta ..for the W.B.B.S.E.

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

Matter relates to transfer on medical ground since the teacher is suffering from ailment.

It has been submitted by the learned advocate representing the petitioner that transfer application of the petitioner was processed by the school authority and forwarded to the concerned District Inspector of Schools. The concerned District Inspector of Schools in his turn has taken necessary steps and forwarded the same to the West Bengal Central School Service Commission on 20th December, 2022 but till date no steps have been taken by the Commission to decide the transfer application. Respondents are represented by the learned advocates who have submitted that due to suspension of

portal with effect from 29th September, 2022, decision could not be taken on the transfer application of the petitioner.

However, it is further submitted on behalf of the Commission that if direction is given, concerned Authority of the Commission shall decide transfer application of the petitioner in accordance with law. Having considered the submissions made on behalf of the parties, writ petition stands disposed of directing Chairman, West Bengal Central School Service Commission being the respondent no.3 to decide the transfer application of the petitioner by eight weeks from the date of communication of this order and the decision shall be communicated to the petitioner by one week thereafter.

It is made clear that suspension of 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 this order, if applied for, be given to the parties, upon usual undertakings.

(Saugata Bhattacharyya, J.)