Aduri Sarkar v. The State Of West Bengal And ORS.

WPA 22851 of 2024 Aduri Sarkar Vs.

The State of West Bengal & Ors.

Mr. Anjan Bhattacharya ... for the petitioner.

Mr. Sourav Mitra .....for the SSC.

Mr. Biswabrata Basu Mallick Mr. Biman Halder ...for the State Affidavit of service filed on behalf of the 18.09.2024 Ct No. 18 adeb petitioner today is taken on record.

Matter relates to transfer of the petitioner on medical ground who is working as assistant teacher in Government aided secondary school since the petitioner is suffering from ailments.

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 12th September, 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. 5 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.

With the aforesaid observations, the writ petition stands disposed of.

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.)