Madhumita Kumar (Mandal) v. Wbcssc And ORS.

04.09.2024 ML.107 Ct. No.18 PP WPA 28191 of 2022 Madhumita Kumar (Mandal) Vs.

West Bengal Central School Service Commission & Ors.

Mr. Ashim Kr. Halder, Mr. Pradip Kr. Neogi, Mr. Anirban Saha, Mr. Arnab Kr. Neogi ... for the petitioner.

Mr. Sunit Kumar Ray ....for WBCSSC.

Mr. Wasim Ahmed, Mr. Haroon Al Rasheed ....for the State.

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

Matter relates to transfer of the petitioner on medical ground and in this regard an application was made on 21st February, 2022 on Utsashree portal. It is also submitted on behalf of the petitioner that transfer application was duly processed by the school authority where the petitioner is presently serving and it was forwarded to the concerned District Inspector of Schools (S. E.). The District Inspector of Schools (S. E.) in his turn forwarded the transfer application of the petitioner upon compliance of

formalities to the office of the West Bengal Central School Service Commission on 18th April, 2022 through portal.

The grievance of the petitioner is that in spite of receipt of transfer application far back on 18th April, 2022, till date transfer application of the petitioner has not been decided.

State respondents and the West Bengal Central School Service Commission are represented by learned advocates.

It is submitted on behalf of the Commission that contemporaneous decision could not be taken on the transfer application of the petitioner due to suspension of Utsashree portal with effect from 29th September, 2022. However, it is submitted if the Chairman of the Commission is permitted, decision shall be taken on the transfer application.

Considering the respective submissions made on behalf of the parties, the writ petition stands disposed of directing the Chairman, West Bengal Central School Service Commission, being the respondent no.1 to decide the transfer application of the petitioner by 6 (six) from the date of communication of this order and communicate the order to the petitioner by 1 (one) week thereafter.

It is made clear that suspension of Utsashree portal shall not be a ground for rejecting transfer application of the petitioner.

There will 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.)