Munmun Biswas (Sarkar) v. State Of West Bengal And ORS.
14.11.2024 Court No. 18 Item No. 08 (Suvendu) WPA 26675 of 2024 Munmun Biswas (Sarkar) -Versus- The State of West Bengal & Ors.
Mr. Kamalesh Bhattacharyya Mr. Bidhan Biswas ........for the petitioner Mr. Kanak Kiran Bandyopadhyay ......for the WBCSSC Ms. Koyeli Bhattacharyya Mr. Bibek Dutta Ms. Keya Panja .......for the WBBSE Mr. Mokaram Hossain ..........for the State Affidavit of service filed on behalf of the petitioner is taken on record.
Matter relates to transfer of the petitioner since husband of the petitioner is suffering from ailment.
Learned advocate representing petitioner submits that an application seeking transfer made on Utshasree portal on 15th February, 2022 and school authority where petitioner is presently serving has forwarded the transfer application of the petitioner to the concerned District Inspector of Schools (SE) for taking necessary steps. It is also submitted that
on obtaining medical certificate from concerned Chief Medical Officer of Health, concerned District Inspector of Schools (SE) has forwarded transfer application to Commission on 12th April, 2022.
Grievance of the petitioner is in spite of receipt of transfer application by Commission far back on 12th April, 2022, till date concerned authority of the Commission has not taken any decision on transfer application.
Learned advocates representing respondents have jointly submitted that contemporaneously decision on transfer application of the petitioner could not be taken due to suspension of Utshasree portal with effect from 29th September, 2022.
However, it has been submitted on behalf of the Commission that if direction is given upon the appropriate authority, transfer application of the petitioner shall be decided in accordance with law.
In view of submissions made on behalf of the parties, the writ petition stands disposed of by directing the Chairman, West Bengal Central School Service Commission to take decision on transfer application of the petitioner by eight
weeks from date of communication of this order in accordance with law and the decision to be taken by the Chairman, West Bengal Central School Service Commission shall be communicated to the petitioner by one week thereafter.
However, transfer application of petitioner shall not be rejected on the ground of suspension of Utshasree portal.
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.)