Manas Kumar Bera v. State Of West Bengal And ORS.
18.11.2024 Ct. No. 18 adeb W.P.A. 26274 of 2024 Manas Kumar Bera Vs.
The State of West Bengal & Ors.
Mr. Sudip Ghosh Chowdhury Ms. Shreyeta Mitra ..for the petitioner Ms. Koyeli Bhattacharyya Mr. Bibek Dutta Ms. Keya Panja ...for the WBBSE Mr. Sunit Kumar Roy ...for the SSC Md. Manuwar Ali Mr. Sandipan Maity ...for the State Affidavit of service filed on behalf of the petitioner is taken on record.
Matter relates to transfer of the petitioner since child of the petitioner is suffering from ailment. Petitioner made application for transfer on 10th August, 2021 on Utsashree Portal and same was forwarded by the school authority where petitioner is presently serving, to the concerned District Inspector of Schools (SE) through portal. The District Inspector of Schools (SE) in his turn has completed the formality and forwarded the transfer application to the West Bengal Central School Service Commission on 8th October, 2021 for taking final decision. Grievance of the petitioner is in spite of receipt of transfer application far back on 8th October, 2021 no
decision has been taken by the concerned authority of the Commission on considering transfer application. Respondents are represented by learned advocates who have submitted that due to suspension of Utsashree Portal with effect from 29th September, 2022 transfer application could not be decided contemporaneously. However, it has been submitted on behalf of 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. 3 to decide the transfer application of the petitioner by 8 (eight) weeks from the date of communication of this order and decision to be communicated to the petitioner by 1 (one) week thereafter.
It is made clear that transfer application of the petitioner shall not be rejected on the ground of suspension of portal 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.)