← Library
Calcutta High CourtWPA/27158/2025disposed

Sovan Maity v. State Of West Bengal And ORS.

2026-01-22Hon'Ble Justice Bivas Pattanayak3 pages

22.01.2026 Item No. 29 Ct. No. 14 IN THE HIGH COURT AT CALCUTTA AN CONSTITUTIONAL WRIT JURISDICTION APPELLATE SIDE WPA 27158 of 2025 Sovan Maity vs.

State of West Bengal & ors.

Mr. Atreya Chakraborty ... for the petitioner Ms. Sanchayita De ... for the State Mr. Ratul Biswas Mr. Kaushik Chowdhury ... for the WBBPE Mr. B. P. Vaisya Mr. Gourav Das Ms. Tapati Sarkar ... for DPSC, South 24 Parganas Mr. Kamal Mishra ... for the respondent no. 6 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 for his transfer from District of Purba Medinipur to District of South 24 Parganas.

3.

The petitioner contends that he is an Assistant Teacher at Jagannath Chak Free Primary School under Mathurapur East Circle, South 24 Parganas. The petitioner has joined the said school on 14th February, 2017. The petitioner has been confirmed in service. The petitioner's

house is 400 kms. away from his school. The wife of the petitioner is suffering from severe gynecological disorders, specifically, left side tubo-overian mass (chronic ectopic). On 28th August, 2024, the petitioner made a representation before respondent no. 4, the Secretary, West Bengal Board of Primary Education for his transfer. However, the same is still pending consideration. Hence this writ petition. 4.

Mr. Atreya Chakraborty, learned advocate appearing for the petitioner submits that the matter be relegated to the appropriate authority for consideration of the representation of the petitioner dated 28th August, 2024 for his transfer on the ground of spouse's medical condition. 5.

Mr. Ratul Biswas, learned advocate appearing for the respondent Board and Mr. B. P. Vaisya, learned advocate appearing for the DPSC, South 24 Parganas also submit that the matter be sent to the appropriate authority for due consideration.

6.

In view of the submissions advanced by the respective parties, respondent no. 4, the Secretary, West Bengal Board of Primary Education is directed to consider the representation of the petitioner dated 28th August, 2024 and dispose of the same by passing a reasoned order in accordance with law within a period of eight weeks from the date of communication of this order subject to furnishing of all the documents by the petitioner in accordance with law. The petitioner is directed to produce

all the relevant documents, if any, before the concerned authority.

7.

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

8.

The petitioner is directed to communicate this order to respondent no. 4, the Secretary, West Bengal Board of Primary Education for necessary compliance.

9.

With the above directions, the writ petition being no. WPA 27158 of 2025 stands disposed of.

10.

Since no affidavits have been called for, the allegations made in the writ petition are deemed to be not admitted. 11.

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

12.

Interim orders, if any, stand vacated.

13.

There will be no order as to costs.

14.

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.)