Sanjib Pal v. State Of West Bengal And ORS.

03.10.2024 Court No. 18 Item No. 15 (Suvendu) WPA 24431 of 2024 Sanjib Pal -Versus- The State of West Bengal & Ors.

Mr. Shuvro Prakash Lahiri Mr. Rajesh Naskar Mr. Ankan Mondal ........for the petitioner Dr. Sutanu Kumar Patra Ms. Supriya Dubey ......for the WBCSSC Mr. Santanu Kumar Mitra Ms. Jyotsna Roy Mukherjee .....for the State Learned advocate representing the petitioner undertakes to file affidavit of service in course of this day.

Matter relates to transfer of petitioner on medical ground since wife of petitioner is suffering from ailment.

Grievance of the petitioner is in spite of making application for transfer on 7th January, 2022 on Utshasree portal and same was forwarded by the District Inspector of Schools (SE), Bankura on 22nd February, 2022 after doing necessary formalities to West Bengal Central School Service Commission, till date

concerned authority of the Commission has not taken any decision on the transfer application. Learned advocates representing the respondents have jointly submitted that contemporaneously decision on transfer application of the petitioner could not be taken due to suspension of Utshasree portal with effect from 29th September, 2022.

However, it has been submitted on behalf of the Commission that if direction is given upon the appropriate authority, transfer application of the petitioner shall be decided in accordance with law.

In view of submissions made on behalf of the parties, the writ petition stands disposed of by directing the Chairman, West Bengal Central School Service Commission being respondent no. 4 to take decision on transfer application of the petitioner by eight weeks from date of communication of this order in accordance with law and the decision to be taken by respondent no. 4 shall be communicated to the petitioner by one week thereafter.

However, transfer application of the petitioner shall not be rejected on the ground of suspension of Utshasree portal.

There shall be, however, no order as to costs.

Urgent photostat certified copy of this order, if applied for, be given to the parties on usual undertakings.

(Saugata Bhattacharyya, J.)