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Calcutta High CourtWPA/26908/2024disposed

Papiya Sarkar v. The State Of West Bengal And ORS.

2024-11-21Hon'Ble Justice Saugata Bhattacharyya2 pages

21.11.2024 Ct. No. 18 adeb W.P.A. 26908 of 2024 Papiya Sarkar Vs.

The State of West Bengal & Ors.

Mr. Anjan Bhattacharya Ms. Anita Shaw ...for the petitioner Mr. Sunit Kumar Roy ...for the SSC Affidavit of service filed on behalf of the petitioner is taken on record.

Learned advocate representing the petitioner submits she was recommended vide memo dated 10th December, 2021 issued by the Secretary of West Bengal Central School Service Commission to join the post of assistant teacher in Bandel Vidya Mandir. Based on such recommendation dated 10th December, 2021 concerned authority of the West Bengal Board of Secondary Education issued transfer order dated 13th December, 2021 but when petitioner went to join the transferred post she was informed that the said post was not lying vacant. In this regard averments are made in paragraph 4 of the writ petition and e-mail letter was sent to the concerned District Inspector of Schools which is at page 17 of the writ petition. Petitioner subsequently made

application on Utsashree Portal for re-recommending her to another school and grievance of the petitioner is till date such application has not been decided by the Commission.

Commission is represented by learned advocate who submits if concerned authority of the Commission is directed petitioner can be re-recommended for transfer subject to availability of vacancies.

Having considered the respective submissions made on behalf of the parties, writ petition stands disposed of directing the Chairman, West Bengal Central School Service Commission being respondent no. 5 to disclose suitable vacancies which are available to the petitioner and if petitioner opts for vacancy which are to be disclosed an order shall be passed by the respondent no. 5 to re-recommend her for her transfer to another school. Such exercise shall be completed by the respondent no. 5 by 6 (six) weeks from the date of communication of this order.

Urgent photostat certified copy of the order, if applied for, be given to the parties, upon usual undertakings.

(Saugata Bhattacharyya, J.)