Mamoni Patra v. The State Of West Bengal And ORS.

18.09.2024 Court No. 18 Item No. 35 (Suvendu) WPA 22751 of 2024 Mamoni Patra -Versus- The State of West Bengal & Ors.

Mr. Sudip Ghosh Chowdhury ........for the petitioner Mr. Sourav Mitra ......for the WBCSSC Ms. Koyeli Bhattacharyya Mr. Bibek Dutta .......for the WBBSE Mr. Susanta Pal .....for the State Affidavit of service filed on behalf of the petitioner is taken on record.

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

Grievance of the petitioner is in spite of making application for transfer on 6th May, 2022 on Utshasree portal and same was forwarded by the District Inspector of Schools (SE), Purulia on 18th October, after doing necessary formalities including obtaining medical report from the concerned Chief Medical Officer of Health (CMOH) 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 the 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 the 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.)