Paramita Chaterjee And ORS. v. State Of West Bengal And ORS.

07.10.2024 d.p.

In The High Court At Calcutta Constitutional Writ Jurisdiction Appellate Side W.P.A 23733 of 2024 Paramita Chatterjee & Ors.

-versus The State of West Bengal & Ors.

Mr. Santanu Maji, Mr. Subhayu Das.

...For the Petitioners.

Mr. Ratul Biswas, Mr. Kaushik Chowdhury.

...For WBBPE.

Mr. Arindam Chattopadhyay, Ms. Lipika Chatterjee.

...For the State.

Mr. Nilay Baran Mandal.

...For DPSC, Kolkata/Purulia.

1.

Affidavit-of-service filed in Court today is taken on record.

2.

Three primary school teachers have jointly filed a composite application before the Secretary, West Bengal Board of Primary Education seeking mutual transfer. The same is pending consideration. 3.

Without going into the merits of the said application, the writ petition is disposed of by directing the Secretary, West Bengal Board of Primary Education to take a decision on the said application in accordance with law at the earliest but positively within a period of ninety days from the date of communication of this

order. A reasoned order shall be passed and communicated to the parties immediately thereafter. 4.

Petitioner no. 1 was last transferred in the year 2021. Since this is a case of mutual transfer, the restriction of putting in five years service prior to consideration of the application for transfer may not be made applicable in this case.

5.

The Board shall seek the necessary information as regards the status of the teachers and the vacancy statement from the concerned District Primary School Council who shall immediately transfer the required data to the Board for compliance of the direction passed hereinabove.

6.

Learned advocate for the petitioners shall forward a copy of the application seeking transfer to the aforesaid respondent at the time of communication of this order.

7.

The writ petition stands disposed of.

8.

Urgent certified photocopy of this order, if applied for, be supplied to the parties expeditiously on compliance of usual legal formalities.

( Amrita Sinha, J.)