Moupriya Roy v. State Of West Bengal And ORS.

30.09.2024 Ct. No. 18 adeb W.P.A. 23548 of 2024 Moupriya Roy Vs.

The State of West Bengal & Ors.

Mr. Shuvra Prokash Lahiri Mr. Rajesh Naskar Mr. Ankan Mondal ...for the petitioner Mr. Supriyo Chattopadhyay Ms. Iti Dutta ...for the State 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 medical ground since petitioner is suffering from ailment. An application for transfer on medical ground was made on Utsashree Portal on 31st December, 2022 and the school authority where petitioner is presently serving has forwarded the transfer application of the petitioner to the concerned District Inspector of Schools (SE) for taking necessary steps. The concerned District Inspector of Schools (SE) in his turn has complied with all formalities and forwarded the transfer application through Portal to the West Bengal Central School Service Commission for taking final decision on 21st January, 2022. Grievance of the petitioner is in spite of receipt of transfer application

far back on 21st January, 2022 the said transfer application is yet to be decided.

Learned advocate representing the respondents have jointly submitted that due to suspension of Portal with effect from 29th September, 2022 contemporaneous decision could not be taken on transfer application of the petitioner. However, it has been submitted on behalf of the Commission that if concerned authority of the Commission is directed transfer application shall be decided.

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 transfer application of the petitioner shall not be rejected on the ground of suspension of Portal.

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.)