Kalpana Patra v. State Of West Bengal And ORS.

08-04-2024 ct no. 13 Sl. 251 sp WPA 25984 of 2023 Kalpana Patra -VersusThe State of West Bengal & Ors.

Mr. Sudip Ghosh Chowdhury, Ms. Shreyata Mitra ..for the petitioner Mr. Nirmalya Biswas, Mr. Anirban Datta ..for the State Mr. Ratul Biswas ...for the DPSC, Howrah Mr. Ranjan Saha ...for the DPSC, Paschim Medinipur Mr. Kaushik Chowdhury ..for the WBBPE 1.

The petitioner seeks transfer on medical ground on condition that she is 75% disabled. The petitioner also claims to be suffering from gynecology problems.

2.

The DPSC, Howrah shall ascertain the medical condition of the petitioner from the CMOH, Howrah and also asertain if such condition was present at the time of her initial appointment in the school.

3.

If any of the two medical conditions of the petitioner were absent at the time of initial recruitment, the WBBPE shall consider the petitioner's application for transfer in accordance with the applicable rules and

take a decision thereon, within a period of 6 weeks from date.

4.

If the transfer is on medical condition, the 5 years restriction shall not apply to the petitioner.

5.

Let the aforesaid process be conducted by the parties offline.

6.

With the aforesaid directions, the instant writ petition shall stand disposed of.

7.

There shall be no order as to costs.

8.

Urgent photostat certified copy of this order, if applied for, be given to the parties upon compliance of all formalities.

(Rajasekhar Mantha, J.)