Sumitra Mandal Das v. State Of West Bengal And ORS.

ML 267 27.06.2024 27.06.2024 Ct. No. 18 adeb W.P.A. 25126 of 2022 Sumitra Mandal Das Vs.

The State of West Bengal & Ors.

Mr. Kanai Lal Samanta ...for the petitioner Ms. Koyeli Bhattacharyya ...for the Board Dr. Sutanu Kumar Patra Ms. Supriya Dubey ...for the WBCSSC Affidavit-of-service filed on behalf of the petitioner is taken on record.

Writ petition is heard in presence of the learned advocates representing the petitioner and respondents. Mr. Kanail Lal Samanta, learned advocate representing the petitioner submits that due to indisposition of the husband of the petitioner an application for transfer on medical ground has been made lastly by the petitioner on 2nd September, 2022 for her transfer to some other school which is nearby to the place of residence of the petitioner. Petitioner is an assistant teacher in a Government aided high school. Transfer application of the petitioner was processed by the authorities in terms of the norms and ultimately it reached the office of the West Bengal Central School Service Commission. The Central School Service Commission by issuing recommendation memo dated 27th December, 2022 has taken decision to transfer the petitioner from her present school to Tamralipta Balika Vidyapith, DistrictPurba Medinipur Since the recommendation memo dated 27th December, 2022 has been issued by the Secretary, West

Bengal Central School Service Commission during pendency of the writ petition, such recommendation memo has been placed on record by filing a supplementary affidavit today and the same is taken on record. On perusal of the recommendation memo dated 27th December, 2022 issued by the concerned authority of the Commission it appears only exercise which is required to be carried out is to issue formal transfer order and in terms of the procedure such transfer order is to be issued by the concerned authority of the West Bengal Board of Secondary Education.

Accordingly, the Secretary, West Bengal Board of Secondary Education is directed to issue transfer order in favour of the petitioner by 7 (seven) days from the date of communication of this order.

Accordingly, the writ petition stands disposed of. Leave is granted to the learned advocate for the petitioner to amend the cause title of the writ petition and add Secretary, West Bengal Board of Secondary Education as additional respondent in course of this day. Service of notice upon the Secretary, West Bengal Board of Secondary Education stands dispensed with since the Board is represented by Ms. Koyeli Bhattacharyya, learned advocate. However, 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.)