Suvendu Pain v. State Of West Bengal And ORS.
16.04.2026 Sl. No.32 Ct. No.14 ss
IN THE HIGH COURT AT CALCUTTA
CONSTITUTIONAL WRIT JURISDICTION APPELLATE SIDE W.P.A. No. 22559 of 2025 Suvendu Pain
Versus
The State of West Bengal & Ors.
Mr. Santanu Maji Mr. Subhayu Das Ms. Debrani Mondal ...for the Petitioner.
Mr. Ranjan Saha ... for the DPSC, Jhargram and DPSC, Paschim Medinipur Mr. Ratul Biswas Mr. Kaushik Chowdhury ... for the WBBPE Ms. Sima Adhikari Mr. Bikash Chakraborty ... for the State 1.
Affidavit-of-service filed on behalf of the petitioner is taken on record.
2.
By the present writ petition, the petitioner seeks direction upon the respondent authorities to grant inter-District transfer to the petitioner from the District of Jhargram to a school in the District of Paschim Medinipur on medical ground.
3.
The petitioner contends that he joined as an Assistant Teacher in Balipal Primary School, Village Balipal, P.O. Balipal, P.S. Beliaberah, District Jhargram on 7th February, 2024. The petitioner has completed two years of continuous service. The petitioner is suffering
from kidney problem for the last three months and he has to take dialysis three times a week. The house of the petitioner is situated about 100 kilometers away from his present place of posting. On 1st September, 2025 the petitioner made a representation before the authority concerned for his transfer on medical ground. However, the said representation is still pending consideration. Hence, this writ petition. 4.
Mr. Santanu Maji, learned Advocate appearing on behalf of the petitioner submits that the matter may be relegated to the appropriate authority for consideration of the representation of the petitioner for his transfer, in accordance with law.
5.
Learned Advocates appearing on behalf of the West Bengal Board of Primary Education as well as respective District Primary School Councils, leave the matter to the discretion of the Court.
6.
In view of the submissions advanced on behalf of the respective parties, the respondent No.4, the Secretary, West Bengal Board of Primary Education, is directed to consider the representation of the petitioner dated 1st September, 2025 and dispose of the same by passing a reasoned order, in accordance with law, upon notice to the petitioner, within a period of eight weeks from the date of communication of this order.
7.
The reasoned order is to be communicated to the petitioner within one week from the date of passing of such order.
8.
Respondent no.4, shall be at liberty to seek for medical examination of the petitioner prior to consideration of the representation of the petitioner, if so required. 9.
It is made clear that this order is passed under special circumstances and should not be treated as a precedent.
10. Learned advocate for the petitioner is directed to communicate this order to the respondent no.4, the Secretary, West Bengal Board of Primary Education.
11. With the above direction, the writ petition being WPA 22559 of 2025 stands disposed of.
12. Since no affidavits have been called for, the allegation made in the writ petition is deemed to be not admitted.
13. Interim order, if any, stands vacated.
14. All connected applications, if any, stand disposed of.
15. There shall be no order as to costs.
16. All concerned parties shall act in terms of the copy of the order duly downloaded from the official website of this Court.
17. Urgent Photostat certified copy of the order, if applied for, be given to the parties on compliance of all necessary legal formalities.
(Bivas Pattanayak, J.)