Nandita Das v. State Of West Bengal And ORS.
19.09.2024 Ct. No. 18 adeb W.P.A. 23173 of 2024 Nandita Das Vs.
The State of West Bengal & Ors.
Mr. Ekramul Bari Sk. Imtiaj Uddin ...for the Petitioner Ms. Koyeli Bhattacharyya Mr. Bibek Dutta ...for the WBBSE Mr. Sourav Mitra ...for the WBCSSC Affidavit of service filed on behalf of the petitioner is taken on record.
Matter relates to transfer of the petitioner being an assistant teacher in a Government aided secondary school on the ground of distance in between the present school of the petitioner and her place of residence. Petitioner had disputed the observation made by the school authority that the distance in between the school of the petitioner and her place of residence is less than 25 kilometers but it is above 25 kilometers. It is also submitted that a letter was issued on 20th September, 2022 addressed to the headmistress of Kulti Girls' High School (HS) District-Paschim Burdwan informing the present address of the petitioner and the distance in between the school and the address which is stated in the letter dated 20th September, 2022 is more than 25
kilometers. Therefore, according to the petitioner her transfer application needs consideration by the concerned respondent authorities.
Respondents are represented by learned advocates. Placing reliance on a document which is at page 21 of the writ petition it appears that petitioner applied for transfer on the designated portal on the ground of distance in between the school of the petitioner and her place of residence on 29th August, 2022 and on 20th September, 2022 the school authority rejected the transfer application of the petitioner on the ground that the distance in between the residence of the petitioner and the school is less than 25 kilometers.
From the submission made on behalf of the parties it appears that on the date of making application by the petitioner on the portal on 29th August, 2022 the official address of the petitioner was not the address which is stated in her letter dated 20th September, 2022 and it is indisputable that the distance in between the official address of the petitioner and the school on the date of making application was more than 25 kilometers. In the service records of the petitioner the residential address is not the address which was stated in her letter dated 20th September, 2022.
On 20th September, 2022 when the school authority rejected the transfer application of the petitioner on the ground that the distance in between the
address of the petitioner and the school is not more than 25 kilometers petitioner by letter dated 20th September, 2022 informed the school authority about her present address. Such steps taken by the petitioner appears to be afterthought. Therefore, no relief can be granted to the petitioner.
Accordingly, the writ petition stands dismissed. However, this order shall not preclude the petitioner to make application for transfer on the ground of distance in future in accordance with law. 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.)