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Calcutta High CourtWPA/25563/2025disposed

Ganesh Pal v. State Of West Bengal And ORS.

2026-04-30Hon'Ble Justice Bivas Pattanayak3 pages

30.04.2026 Sl. No.9 Ct. No.14 ss

IN THE HIGH COURT AT CALCUTTA

CONSTITUTIONAL WRIT JURISDICTION APPELLATE SIDE W.P.A. No. 25563 of 2025 Ganesh Pal

Versus

The State of West Bengal & Ors.

Mr. Sudip Ghosh Chowdhury Ms. Pritha Biswas ...for the Petitioner.

Mr. Bhaskar Prasad Vaisya Mr. Suman Dey ... for the DPSC, Bankura Mr. Biswabrata Basu Mallick ... for the DPSC, Uttar Dinajpur Mr. Sankar Halder ... for the State Mr. Ratul Biswas Mr. Kaushik Chowdhury ... for the WBBPE 1.

Affidavit-of-service filed on behalf of the petitioner is taken on record.

2.

By the present writ petition, the petitioner seeks direction upon the respondent authorities to grant inter-District transfer to the petitioner from his present place of posting in the District of Uttar Dinajpur to a school in the District of Bankura.

3.

The petitioner contends that he joined as an Assistant Teacher in Ratibati Free Primary School, Hemtabad, District Uttar Dinajpur on 6th March, 2024. The petitioner's wife is suffering from breast cancer. The house of the petitioner is situated about 372

kilometers away from his present place of posting. On 31st October, the petitioner made a representation before the authority concerned for his transfer. However, the said representation is still pending consideration. Hence, this writ petition. 4.

Mr. Sudip Ghosh Chowdhury, learned Advocate appearing on behalf of the petitioner submits that the matter may be relegated to the appropriate authority for consideration of the representation of the petitioner for his transfer, in accordance with law.

5.

Mr. Kaushik Chowdhury, learned Advocate appearing on behalf of the West Bengal Board of Primary Education submits that at the time of making representation the petitioner did not complete two years of continuous service. Presently, the petitioner has completed two years of continuous service and as such, he may be permitted to file fresh application, which will be considered in accordance with law. 6.

Mr. Ghosh Chowdhury, learned Advocate for the petitioner concedes to the same.

7.

In view of the submissions advanced on behalf of the respective parties, liberty is granted to the petitioner to file a fresh application seeking transfer within four weeks from date. In the event, such application is made within the prescribed period, the respondent No.2, the Secretary, West Bengal Board of Primary Education, is directed to consider the application of the petitioner and dispose of the same by passing a

reasoned order, in accordance with law, upon notice to the petitioner, subject to production of medical documents, within a period of six weeks from the date of communication of this order.

8.

The reasoned order is to be communicated to the petitioner within one week from the date of passing of such order.

9.

Learned advocate for the petitioner is directed to communicate this order to the respondent no.4, the Secretary, West Bengal Board of Primary Education.

10. With the above direction, the writ petition being WPA 25563 of 2025 stands disposed of.

11. It is made clear that this order is passed on special ground and shall not be treated as a precedent.

12. Since no affidavits have been called for, the allegation made in the writ petition is deemed to be not admitted.

13. Interim order, if any, stands vacated.

14. All connected applications, if any, stand disposed of.

15. There shall be no order as to costs.

16. All concerned parties shall act in terms of the copy of the order duly downloaded from the official website of this Court.

17. Urgent Photostat certified copy of the order, if applied for, be given to the parties on compliance of all necessary legal formalities.

(Bivas Pattanayak, J.)