Chandreyy Seth v. State Of West Bengal And ORS.

12.11.2024 Court No. 18 Item No. 23 (Suvendu) WPA 25721 of 2024 Chandreyee Seth -Versus- The State of West Bengal & Ors.

Mr. Shuvro Prokash Lahiri Mr. Rajesh Naskar Mr. Ankan Mondal .....for the petitioner Mr. Sunit Kumar Roy ......for the WBCSSC Mr. Gourav Das Mr. Bebanjan Chatterjee .....for the State Affidavit of service filed on behalf of the petitioner is taken on record.

Petitioner made an application for transfer based on which recommendation was made by the Secretary, West Bengal Central School Service Commission on 18th May, 2022 thereby recommending the petitioner to be transferred to the post of Assistant Teacher in Jodhpur Park Boys School, Kolkata. Petitioner made attempt to join the transferred post but it was intimated by the said school authority on 23rd May, 2022 that the post where petitioner was recommended

for transfer was not lying vacant. Since petitioner could not join the transferred post she made application for re-recommendation on 5th July, 2022 before the concerned authority of the Commission but till date same has not been decided and petitioner has not been recommended for transfer to another school which prompted the petitioner to approach this Court by presenting this writ petition.

State respondents and West Bengal Central School Service Commission are represented by the learned advocates.

It has been submitted on behalf of the Commission that if direction is given upon the concerned authority of the Commission, steps shall be taken for re-recommending the petitioner subject to availability of vacancies. Having considered the submissions made on behalf of the parties, writ petition stands disposed of directing the Chairman, West Bengal Central School Service Commission being respondent no. 4 to hear the petitioner and disclose suitable and available vacancies where petitioner can be transferred on rerecommendation. If petitioner opts for being transferred to any of the vacancies which are to be disclosed to her, necessary order shall be

passed by the respondent no. 4. Aforesaid exercise shall be completed by respondent no. 4 within six weeks from date of communication of this order. Respondent no. 4 shall communicate his order to the petitioner by one week thereafter.

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.)