Malay Ghosh v. State Of West Bengal And ORS.

19.09.2024 Ct. No. 18 adeb W.P.A. 23402 of 2024 Malay Ghosh Vs.

The State of West Bengal & Ors.

Mr. K.C. Das Mr. Sk. Sahjahan ...for the Petitioner Ms. Koyeli Bhattacharyya ...for the WBBSE Mr. Sunit Kumar Roy ...for the SSC Affidavit of service filed on behalf of the petitioner is taken on record.

Matter relates to transfer of the petitioner on the ground of distance in between the school of the petitioner and his place of residence.

Learned advocate representing the petitioner submits that an application for transfer was made on Utsashree Portal on 19th May, 2022 and the same was processed by the school authority where petitioner is presently serving and thereafter was forwarded to the concerned District Inspector of Schools (SE) for taking further steps. The District Inspector of Schools (SE) in his turn on compliance of formalities forwarded the transfer application of the petitioner to the West Bengal Central School Service Commission through portal on 27th May, 2022. The grievance of the petitioner is in spite of receipt

of transfer application on 27th May, 2022 till date transfer application has not been decided.

Respondents are represented by learned advocates who have submitted due to suspension of portal with effect from 29th September, 2022 contemporaneous decision could not be taken on the transfer application of the petitioner.

It has been submitted on behalf of the West Bengal Central School Service Commission that if direction is given concerned authority of the Commission shall decide the transfer application in accordance with law. Having considered the submissions made on behalf of the parties writ petition stands disposed of directing the Chairman, West Bengal Central School Service Commission being respondent no. 3 to decide the transfer application of the petitioner by 8 (eight) weeks from the date of communication of this order and the decision shall be communicated to the petitioner by 1 (one) week thereafter.

It is made clear that suspension of Portal shall not be a ground on rejecting transfer application of the petitioner.

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.)