Tamosi Pal v. State Of West Bengal And ORS.

25.02.2025 Court No. 18 Item No. 128 (ML) (Suvendu) WPA 26833 of 2023 Tamosi Pal -Versus- The State of West Bengal & Ors.

Mr. Asok Kumar Ganguly .....for the petitioner Mr. Biswabrata Basu Mallick Ms. Parna Roy Chowdhury ....for the State Mr. Sunit Kumar Roy .....for the WBCSSC Affidavit of service filed on behalf of the petitioner is taken on record.

Based on transfer application of the petitioner, recommendation was made by the Secretary, West Bengal Central School Service Commission vide memo dated 5th August, 2022 for transferring the petitioner from her present school to LMSM High School, Malda. Transfer order was issued on 8th August, 2022 by the Secretary, West Bengal Board of Secondary Education.

However, petitioner could not join the post where she was transferred since the said post was not lying vacant which prompted the petitioner to make application on portal seeking re-recommendation.

Grievance of the petitioner is in spite of making application for re-recommendation, till date concerned authority of the Commission has not taken any steps.

State respondents and West Bengal Central School Service Commission are represented by learned advocates who have jointly submitted that due to suspension of portal contemporaneous decision could not be taken on application of the petitioner seeking rerecommendation. Having considered the respective submissions made on behalf of the parties, writ petition stands disposed of directing Chairman, West Bengal Central School Service Commission to call the petitioner to appear before him by four weeks from the date of communication of this order and disclose available and suitable vacancies to the petitioner. If petitioner opts for a vacancy, an appropriate order shall be passed by the Chairman of the Commission for transfer of the petitioner on re-recommendation. The decision to be taken by the Chairman of the Commission shall be communicated to the petitioner by ten days from the date of taking such decision. Aforesaid exercise shall be completed by the Chairman as expeditiously as

possible but not later than twelve weeks from the date of communication of this order.

There shall be no order as to costs.

Urgent photostat certified copy of this order, if applied for, be given to the parties on usual undertaking.

(Saugata Bhattacharyya, J.)