Joy Chandra Purkait v. State Of West Bengal And ORS.

Mlrkd 12.08.2024 Ct.18 W.P.A. 25265 of 2022 Joy Chandra Purkait -vsThe State of West Bengal & Ors.

Mr. Sudip Ghosh Chowdhury ....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 the petitioner on the ground of distance in between the present school of the petitioner and his place of residence. The learned advocate representing the petitioner submits that on 13th February, 2022 general transfer application of the petitioner was preferred on the portal and the same was processed first by the school authority and subsequently by the concerned District Inspector of Schools (SE) and the transfer application along with necessary documents were forwarded to the office of the West Bengal Central School Service Commission on 16th March, 2022 for taking final decision through Utsashree portal.

The grievance of the petitioner is in spite of receipt of transfer application far back on 16th

March, 2022 through portal till date no decision has been taken by the Commission. Petitioner prays for direction upon the Commission to decide his transfer application.

Commission is represented by learned advocate who submits 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 four 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.)