Chiranjib Chatterjee v. The State Of West Bengal And ORS.

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05.12.2024 05.12.2024 Ct. No. 18 (ARPAN) W.P.A. 27514 of 2024 Chiranjib Chatterjee Vs.

The State of West Bengal & Ors.

Mr. Susanta Pal Mr. Prabir Kumar Roy ...for the Petitioner Mr. Sunit Kumar Roy ...for the SSC Ms. Koyeli Bhattacharyya Mr. Bibek Dutta Ms. Keya Panja ...for the WBBSE Affidavit-of-service filed on behalf of the petitioner is taken on record.

Matter relates to transfer of a Clerk in a Government aided secondary school. Petitioner is working as Non-teaching staff (Clerk) in the school who made last application for transfer on Utsashree portal on 25th June, 2022 seeking transfer on the ground of distance in between present school of the petitioner and his place of residence. School authority where petitioner is presently working has conveyed 'No objection' in connection with his third transfer application and thereafter application was forwarded to the concerned District Inspector of Schools (S.E.). District Inspector of Schools (S.E.) in his turn has completed the formalities and forwarded the transfer application to the West Bengal Central School Service Commission for taking decision through portal. Grievance of the petitioner is in

spite of receipt of transfer application far back on 7th July, 2022 till date such application has not been decided.

Respondents are represented by learned advocates who have submitted that due to suspension of portal contemporaneous decision could not be taken on the transfer application of the petitioner.

On behalf of the Commission it is submitted if direction is given upon the concerned respondent authority, transfer application of the petitioner shall be decided in accordance with law.

Having considered the submissions made on behalf of the parties, writ petition stands disposed of directing the Chairman, West Bengal Central School Service Commission being respondent no.3 to decide transfer application of the petitioner by eight weeks from the date of communication of this order and decision to be communicated to the petitioner by one week thereafter. It is made clear that suspension of portal shall not be a ground for rejecting transfer application of the petitioner.

There shall be no order as to costs.

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

(Saugata Bhattacharyya, J.)