Sukanta Sarkar v. State Of West Bengal And ORS.

rkd 12.11.2024 Ct.18 W.P.A. 25464 of 2024 Sukanta Sarkar -vsThe State of West Bengal & Ors.

Mr. Sudip Ghosh Chowdhury, Ms. Sreyetas Mitra ....for the petitioner.

Mr. Kanak Kiran Bandyopadhyay ....for the WBCSSC.

Ms. Koyeli Bhattacharyya, Mr. Bibek Dutta, Ms. Keya Panja ....for the WBSSE.

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

Matter relates to transfer of the petitioner since his wife is suffering from ailment.

It has been submitted by the learned advocate representing the petitioner that the application was made on Utsashree portal on 7th October, 2021 seeking transfer on medical ground which was processed by the school authority where petitioner is presently working and forwarded the same to the concerned District Inspector of Schools (SE). The concerned District Inspector of Schools (SE) in his turn has processed the transfer application of the petitioner on compliance of necessary formalities and forwarded the same to the office of the West Bengal Central School Service

Commission through portal on 27th October, 2021 for taking final decision.

The grievance of the petitioner is in spite of receipt of transfer application far back on 27th October, 2021 through portal till date no decision has been taken by the Commission. Petitioner prays for direction upon the Commission to decide his transfer application.

The respondents are represented by learned advocates who have jointly submitted that due to suspension of Utsashree portal with effect from 29th September, 2022 contemporaneous decision could not be taken.

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

Having considered the submissions made on behalf of the parties, the writ petition stands disposed of directing the Chairman, West Bengal Central School Service Commission being respondent no.3 to decide the transfer application of the petitioner in accordance with law by eight weeks from the date of communication of this order.

The decision to be taken by the respondent no.3 shall be communicated to the petitioner by one week thereafter.

However, it is made clear that suspension of Utsashree portal shall not be a ground for rejecting the transfer application of the petitioner. There shall be no order as to costs.

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

(Saugata Bhattacharyya, J.)