Harebilas Dhali v. State Of West Bengal And ORS.

14.05.2026 Item No. 68 Ct. No. 14 IN THE HIGH COURT AT CALCUTTA AN CONSTITUTIONAL WRIT JURISDICTION APPELLATE SIDE WPA 26797 of 2025 Harebilas Dhali vs.

State of West Bengal & ors.

Mr. Shuvro Prakash Lahiri Mr. Rajesh Naskar Mr. Ankan Mondal ... for the petitioner Mr. Saibal Acharyya Mr. Tanweer J. Mondal ... for the DPSC, Purba Burdwan 1.

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

2.

By the present writ petition, the petitioner seeks for direction upon the respondent authorities to grant intra district transfer to a school nearby his residence on the medical ground of his wife upon consideration of the representation of the petitioner dated 3rd September, 2025.

3.

The petitioner contends that she is an Assistant Teacher of Kanthalgoria Free Primary School, District Purba Burdwan. The petitioner joined the said school on 7th April, 2023. The petitioner has been confirmed in the service with effect from 7th April, 2025. The petitioner's house is 38 kms. away from his present place of posting. The wife of the petitioner is suffering from Cancer. On 3rd September, 2025, the petitioner made a

representation before respondent no. 6, the Chairman, District Primary School Council, Purba Burdwan seeking his transfer on the medical ground of his wife. However, the same is still pending consideration. Hence this writ petition. 4.

Mr. Shuvro Prakash Lahiri, learned advocate appearing for the petitioner submits that the matter be relegated to the appropriate authority for due consideration of the petitioner seeking transfer in accordance with law.

5.

Mr. Saibal Acharyya, learned advocate appearing for the respondent District Primary School Council, Purba Burdwan leaves the matter to the discretion of the Court.

6.

In view of the submissions advanced by the respective parties, respondent no. 6, the Chairman, District Primary School Council, Purba Burdwan is directed to consider the representation of the petitioner dated 3rd September, 2025 and dispose of the same by passing a reasoned order in accordance with law, subject to production of medical documents, upon notice to the petitioner, within a period of eight weeks from the date of communication of this order.

7.

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

8.

Respondent no. 6, the Chairman, District Primary School Council, Purba Burdwan is granted liberty to seek for medical examination of the petitioner's wife, prior to the consideration of the representation of petitioner.

9.

The petitioner is directed to communicate this order to respondent no. 6, the Chairman, District Primary School Council, Purba Burdwan for necessary compliance.

10.

With the above directions, the writ petition being no. WPA 26797 of 2025 stands disposed of.

11.

It is made clear that this order is passed under special circumstances and shall not be treated as a precedent.

12.

Since no affidavits have been called for, the allegations made in the writ petition are deemed to be not admitted.

13.

Consequently, connected applications, if any, also stand disposed of.

14.

Interim orders, if any, stand vacated.

15.

There will be no order as to costs.

16.

Urgent certified photostat copy of this order, if applied for, shall be given to the parties as expeditiously as possible on compliance of all necessary formalities.

(Bivas Pattanayak, J.)