Calcutta High CourtWPA/24529/2024disposed

Biswanath Mandi And ORS v. State Of West Bengal And ORS.

2024-10-03Hon'Ble Justice Kausik Chanda2 pages

Sl. No.75 03.10.2024 Suman Ct. 15 WPA 24529 of 2024 Biswanath Mandi and Ors.

Vs.

The State of West Bengal and Ors.

Mr. Dilip Kumar Maity ..for the petitioners Mr. Debnarayan Patra Mr. Sasthi Charan Dhara ..for the State Md. Sarwar Jahan Ms. Mousumi Mitra Ms. Tapati Sarkar ..for respondent no.3 The petitioners were appointed as Samity Education Officers by the Panchayat Samities under the different districts of the State with the responsibility of overseeing the Shishu Siksha Kendras (SSKs) and Madhyamik Siksha Kendras (MSKs) within the Panchayat Samity. Subsequently, these Siksha Kendras were transferred under the purview of the State's Education Department, while the petitioners continue to be governed by the Panchayat Department.

Through this writ petition, the petitioners seek their inter-district transfer. The question regarding the appropriate transferring authority for the petitioners appears to be addressed by a judgment of this Court in

WPA 3120 of 2023 (Ashim Tarafdar & Ors. Vs. The State of West Bengal and Ors.), wherein a Co-ordinate Bench directed the Chief Secretary of the Government of West Bengal to nominate an officer to adjudicate on the petitioners' application based on its own merits. Accordingly, the Mission Director of the Paschimbanga Rajya Shishu Shiksha Mission was nominated by the Chief Secretary to evaluate the transfer application of a Samity Education Officer. In the light of the aforementioned facts, I hereby dispose of this writ petition with a directive to the Mission Director to consider the transfer applications of the petitioners filed before the Commissioner, Directorate Panchayat & Rural Development Department, Jessop Building, 63 N. S. Road, Kolkata700001 within three months from the date of communication of this order, in accordance with law. Accordingly, WPA 24529 of 2024 is disposed of. Urgent photostat certified copy of this order, if applied for, be supplied to the learned advocates for the parties on usual undertakings.

(Kausik Chanda, J.)