Kakali Burnwal v. State Of West Bengal & ORS

WPA 23007 of 2019 3.7.2024 Kakuli Burnwal..-vs-The State of West Bengal & Ors.. Ct. 25,sl.21 ,sk Mr. Ekramul Bari Sk. Imiaz Uddin ...for the petitioner.

Mr. Srikanta Datta Mr. Prodyut Kr. Ray ....for the respondent Nos. 6 & 7..

In this writ petition, though the petitioner has prayed for various relief. During argument only the relief sought for is an order directing the respondent/School authorities/respondent nos. 6 & 7, to release the service book of the writ petitioner, upon her being transferred from the said School, namely, Rabindra Nath Tagore Girls' High School, Post Office-Suri, District-Birbhum to another School.

Mr. Bari, learned advocate submits for the petitioner. He submits that upon transfer, the writ petitioner has duly joined in the transferees school. Also that she has been granted release order etc., excepting the service book. It is submitted that the service book being an integral part of service record of the writ petitioner, the same is required to be released in her favour by the school authority of Rabindra Nath Tagore Girls' High School.

Mr. Datta, learned advocate is appearing for the respondent nos. 6 & 7/School authority.

According to him, there are formalities left to be done in presence of the writ petitioner as regards the service book kept with the said School. He says that excepting the same, the service book would remain incomplete and an incomplete service book cannot be transmitted.

Considered submissions of both. Perused the records. Since handing over of the service book is the only prayer by the writ petitioner at present, the Court consider it proper to dispose of the present case by dint of the following directions:- i) Let the service book of the writ petitioner, as kept with respondent school, be transmitted to her, after compliance with all the necessary formalities to duly complete entries in the service book.

ii) In doing so the writ petitioner shall extend every possible co-operation to the School/respondent nos. 6 & 7, as and when required to complete entries in the service book duly.

iii) In case of any necessity, for this purpose, the school authority shall inform the petitioner, in writing.

iv) The entire exercise shall be concluded by the respondent nos. 6 & 7 within a period of four weeks from the date of communication of this order and service book should be transmitted to the transfer School.

The writ petition no. WPA 23007 of 2019 is disposed of.

Since no affidavits has been called for, allegations made in the writ petition, are deemed to have been denied by the respondent.

Urgent Photostat certified copy of this order, if applied for, be given to the parties upon compliance of all formalities.

(Rai Chattopadhyay, J.)