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Calcutta High CourtWPA/25332/2024disposed

Biplab Pal v. The State Of West Bengal And ORS.

2024-11-27Hon'Ble Justice Saugata Bhattacharyya2 pages

27.11.2024 Ct. No. 18 adeb W.P.A. 25332 of 2024 Biplab Pal Vs.

The State of West Bengal & Ors.

Mr. Anindya Bose Mr. Santanu Maji ..for the petitioner Mr. Sahabuddin Sardar Mr. Murari Chakraborty ...for the State Mr. Sunit Kumar Roy ...for the SSC Affidavit of service filed on behalf of the petitioner is taken on record.

Matter relates to transfer of the petitioner since wife of the petitioner is suffering from ailment. An application for transfer on medical ground was preferred on Utsashree Portal on 29th October, 2021 and the school authority where petitioner is presently working on processing the transfer application forwarded through portal to the concerned District Inspector of Schools (SE) for taking further steps. The District Inspector of Schools in his turn on completing formalities forwarded transfer application of the petitioner to the West Bengal Central School Service Commission for taking final decision on 17th November, 2021. Grievance of the petitioner is in spite of receipt of transfer application through portal by the West Bengal Central School Service Commission till

date no decision has been taken on transfer application of the petitioner.

Respondents are represented by learned advocates who have submitted jointly that due to suspension of Utsashree Portal contemporaneous decision could not be taken on transfer application of the petitioner. However, it has been submitted on behalf of Commission if appropriate authority of the Commission is directed transfer application of the petitioner shall be decided in accordance with law.

Having considered the respective submissions made on behalf of the parties writ petition stands disposed of directing the Chairman, West Bengal Central School Service Commission being respondent no. 3 to decide transfer application of the petitioner by 8 (eight) weeks from the date of communication of this order and the decision to be communicated to the petitioner by 1 (one) week thereafter.

It is made clear that suspension of portal shall not be a ground for rejecting transfer application of the petitioner.

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.)