Apurba Biswas v. State Of West Bengal And ORS.

03.09.2024 Court No. 18 Item No.86 (ML) (Suvendu) WPA 25241 of 2022 Apurba Biswas -Versus- The State of West Bengal & Ors.

Mr. Sudip Ghosh Chowdhury Ms. Shreyeta Mitra Ms. Arfin Nahar Mandal ........for the petitioner Mr. Sunit Kumar Roy ........for the WBCSSC Affidavit of service filed on behalf of the petitioner is taken on record.

Matter relates to transfer of petitioner who is working as Group -D staff in a Government aided school.

Learned advocate representing the petitioner submits that petitioner made an application seeking transfer on designated portal on 15th July, 2022.

Learned advocate representing the petitioner further submits that application of the petitioner was processed and forwarded by the school where petitioner is presently serving to the concerned District Inspector of Schools. Thereafter concerned District Inspector of Schools on processing the transfer application forwarded the same to the

West Bengal Central School Service Commission through designated portal on 18th July, 2022. Grievance of the petitioner is in spite of receiving transfer application far back on 18th July, 2022 till date said transfer application has not been decided.

West Bengal Central School Service Commission is represented by the learned advocate who has submitted that due to suspension of Utshasree portal contemporaneous decision could not be taken on the transfer application of the petitioner. However, it is submitted on behalf of the Commission that if direction is given upon the concerned authority of the Commission, transfer application of the petitioner shall be decided in accordance with law.

Having considered the submissions made on behalf of the parties, writ petition stands disposed of directing the Chairman of the Commission being the respondent no. 3 to decide transfer application of petitioner in accordance with law by four weeks from the date of communication of this order and the decision to be taken by the Commission shall be

communicated to the petitioner by one week thereafter.

It is made clear that transfer application of the petitioner shall not be rejected due to 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.)