Banasree Roy v. State Of West Bengal And ORS.
30.09.2024 Ct. No. 18 adeb W.P.A. 23500 of 2024 Banasree Roy Vs.
The State of West Bengal & Ors.
Mr. Shuvra Prokash Lahiri Mr. Rajesh Naskar Mr. Ankan Mondal ...for the petitioner Mr. Joydip Banerjee Mr. Prabir Kumar Roy ...for the State 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 which was made on Utsashree Portal on 13th April, 2022 but it has been submitted that till date the concerned District Inspector of Schools (SE) has not taken steps and forwarded the transfer application to the West Bengal Central School Service Commission for taking final decision. It is also submitted by the learned advocate for the petitioner that previously her transfer application could not be allowed since she was found to be single teacher in the subject in the school and situation remains unaltered at the time when last transfer application was made on 13th April, 2022.
From the submission made on behalf of the petitioner it appears since petitioner is single teacher in
the subject the concerned District Inspector of Schools (SE) could not even forward the last transfer application of the petitioner to the Commission for taking decision. However, at the same time since reliance has been placed on the notification dated 3rd January, 2022 issued by the Additional Secretary to the Government of West Bengal, School Education Department this Court finds that the concerned District Inspector of Schools (SE) is required to make endeavour to make local arrangement in the school in order to facilitate transfer of the petitioner. The concerned District Inspector of Schools (SE) is directed to make an effort to find out a willing teacher of neighboring schools who can man the post of the petitioner till regular incumbent joins the resultant vacancy. If the concerned District Inspector of Schools (SE) finds that it is a "fit case" under the notification dated 3rd January, 2022 and if willing teacher is available in that event petitioner shall be transferred to another school based on her transfer application.
It is made clear that while making effort to make local arrangement in the school suspension of Portal shall not be ground for rejecting the 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 the order, if applied for, be given to the parties, upon usual undertakings.
(Saugata Bhattacharyya, J.)