Anjona Rani Saha v. State Of West Bengal And ORS.

Mlrkd 20.01.2025 Ct.18 W.P.A. 25525 of 2023 Anjona Rani Saha -vsThe State of West Bengal & Ors.

Mr. Ujjal Ray, Sk. Abdur Rahim, Ms. Manishikha Mondal ....for the petitioner.

Mr. Sunit Kumar Roy ....for the WBBCS.

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

Matter relates to transfer of the petitioner since her son is suffering from ailment.

It has been submitted by the learned advocate representing the petitioner that the application was made on Utsashree portal on 23rd August, 2022 seeking transfer on medical ground. It is stated that the concerned District Inspector of Schools (SE) obtained medical report from Chief Medical Officer of Health and thereafter forwarded the transfer application and medical report to the office of the West Bengal Central School Service Commission on 14th October, 2022 for taking final decision.

The grievance of the petitioner is in spite of receipt of transfer application far back on 14th

October, 2022 till date no decision has been taken by the Commission. Petitioner prays for direction upon the Commission to decide her transfer application.

The Commission is represented by learned advocate who submits that due to suspension of Utsashree portal with effect from 29th September, 2022 contemporaneous decision could not be taken.

However, it has been submitted on behalf of the Commission if direction is given upon the Chairman of the Commission the transfer application of the petitioner shall be decided in accordance with law.

Having considered the submissions made on behalf of the parties, the writ petition stands disposed of directing the Chairman, West Bengal Central School Service Commission being respondent no.2 to decide the transfer application of the petitioner in accordance with law by eight weeks from the date of communication of this order.

The decision to be taken by the respondent no.2 shall be communicated to the petitioner by one week thereafter.

However, it is made clear that suspension

of Utsashree portal shall not be a ground for rejecting the transfer application of the petitioner. There shall be no order as to costs.

Urgent photostat certified copy of this order, if applied for, be given to the learned Advocates for the parties on the usual undertakings.

(Saugata Bhattacharyya, J.)