Joydev Mondal v. State Of West Bengal And ORS.

14.01.2025 Court No.18 Item 243 (ml) CP WPA No. 23463 of 2023 Jaydev Mondal Vs.

The State of West Bengal & Ors.

Mr. Shuvro Prakash Lahiri Mr. Rajesh Naskar Mr. Ankan Mondal .... for the petitioner.

Ms. Oindrila Chatterjee .....for the State.

Ms. Koyeli Bhattacharyya Mr. Bibek Dutta .....for the W.B.B.S.E.

Mr. Sourav Mitra ....for the W.B.C.S.S.C.

Affidavit of service filed on behalf of the petitioner is taken on record.

Petitioner has made an application for transfer on the ground of distance in between the school of the petitioner and his place of residence in Utsashree portal on August 31, 2022. The school authority where petitioner is presently working forwarded the application of the petitioner through the portal on September 15, 2022 to the concerned District Inspector of Schools (S.E.), Purba Medinipur, endorsing that petitioner is a single teacher of the subject (Geography) in the school.

However, during course of hearing learned advocate representing the petitioner has placed before this Court copy of the memo dated September 6, 2024,

issued by the District Inspector of Schools (S.E.), Purba Medinipur, being respondent no. 5, wherefrom it appears that respondent no.

requested the neighbouring schools of the same block where petitioner's present school situates to forward name of Assistant Teacher who can man the post of the petitioner and who has tendered willingness to work temporarily after transfer of the petitioner till new incumbent joins the resultant vacancy. Copy of the said memo dated September 6, 2024 is taken on record. It appears that respondent no. 5 has taken steps in terms of Government notification dated January 3, 2022 in order to find out a willing teacher who can be deputed in the resultant vacancy temporarily after transfer of the petitioner. Hence, no further order need be passed on this writ petition. However, it is clarified if respondent no. 5 finds out a willing teacher who can function as an Assistant Teacher in place of petitioner; petitioner shall be transferred based on his transfer application dated August 31, 2022.

The writ petition stands disposed of.

There shall be no order as to costs.

Urgent Photostat certified copy of this order, if applied for, shall be furnished to the parties, at an early date upon completion of usual formalities.

(Saugata Bhattacharyya, J.)