Madhumita Das v. State Of West Bengal And ORS.

13.11.2024 Ct. No. 18 adeb W.P.A. 25779 of 2024 Madhumita Das Vs.

The State of West Bengal & Ors.

Mr. Shuvro Prakash Lahiri Mr. Rajesh Naskar ..for the petitioner Mr. Sunit Kumar Roy ...for the SSC Mr. Biswajit De Mr. Biswajit Das ...for the State Affidavit of service filed on behalf of the petitioner is taken on record.

Matter relates to transfer of the petitioner on self medical ground. An application for transfer was made on Utsashree Portal on 4th June, 2022 which was forwarded by the school authority where petitioner is presently serving, to the concerned District Inspector of Schools (SE). The District Inspector of Schools (SE) in his turn on compliance of necessary formalities forwarded the same through portal to the West Bengal Central School Service Commission on 16th September, 2022 for taking decision. Grievance of the petitioner is in spite of receipt of transfer application through portal far back on 16th

September, 2022 till date no decision has been taken by the Commission. It is also submitted on behalf of the petitioner since application for transfer was made on self medical ground endorsement made by the school authority on the portal that petitioner is single subject teacher in the school has no bearing relating to transfer of the petitioner as applied for.

Learned advocates representing the parties have submitted that due to suspension of Utsashree Portal contemporaneous decision could not be taken on transfer application of the petitioner.

It is submitted on behalf of the Commission if concerned authority of the Commission is directed 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, West Bengal Central School Service Commission being respondent no. 4 to decide transfer application of the petitioner by 8 (eight) weeks from the date of communication of this order and the decision to be communicated to the petitioner by 1 (one) week thereafter.

It is made clear that suspension of portal shall not be a ground for rejecting transfer application of the petitioner.

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.)