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Calcutta High CourtWPA/28588/2025disposed

Srabani Samanta Das v. State Of West Bengal And ORS.

2026-05-21Hon'Ble Justice Bivas Pattanayak3 pages

21.05.2026 Sl. No.4(DL) Ct. No.14 srm

IN THE HIGH COURT AT CALCUTTA

CONSTITUTIONAL WRIT JURISDICTION APPELLATE SIDE W.P.A. No. 28588 of 2025 Srabani Samanta Das

Versus

The State of West Bengal & Ors.

Mr. Santanu Maji, Ms. Debrani Mondal ...for the Petitioner.

Mr. Ratul Biswas, Mr. Kaushik Chowdhury ...for the WBBPE.

Mr. Biswabrata Basu Mallick ...for the DPSC, Uttar Dinajpur.

Mr. Ranjan Saha ...for the DPSC, Paschim Medinipur..

1.

Affidavit-of-service filed on behalf of the petitioner is taken on record.

2.

By the present writ petition, the petitioner seeks direction upon the respondent authorities to grant inter-district transfer to the petitioner from the district of Paschim Medinipur to the district of Uttar Dinajpur on self-medical ground.

3.

The petitioner contends that she joined as an Assistant Teacher in Sripur Gopinath Primary School, District-Paschim Medinipur on 27th January, 2014. The petitioner is confirmed in service with effect from 27th January, 2016. The petitioner was transfer to Nandanpur Primary School, District-Paschim Medinipur where she joined on 13th March, 2018. The petitioner is suffering from ovarian cyst which was removed after operation.

Post operative

histopathology revealed malignant changes. The petitioner has received four cycles of chemotherapy in the hospital. The petitioner's residence is about 93 kms. away from her present place of posting. On 18th November, 2025, the petitioner made a representation seeking transfer before the concerned authority, however, the same is still pending consideration. Hence, this writ petition.

4.

Mr. Santanu Maji, learned Advocate for the petitioner submits that the matter may be relegated to the appropriate authority for due consideration.

5.

Learned Advocates for the appearing respondents submit that the leave the matter to the discretion of the Court.

6.

In view of such submissions advanced on behalf of the respective parties, the respondent No.4, Secretary, West Bengal Board of Primary Education is directed to consider the representation of the petitioner dated 18th November, 2025 and dispose of the same by passing a reasoned order, in accordance with law, upon notice to the petitioner within a period of six weeks from the date of communication of this order. 7.

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

8.

The respondent No.4 is granted liberty to seek for medical examination of the petitioner prior to consideration of representation of the petitioner.

9.

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

10. With the above direction, the writ petition being WPA 28588 of 2025 stands disposed of.

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

12. Interim order, if any, stands vacated.

13. All connected applications, if any, stand disposed of.

14. There shall be no order as to costs.

15. All concerned parties shall act in terms of the copy of the order duly downloaded from the official website of this Court.

16. Urgent Photostat certified copy of the order, if applied for be given to the parties on compliance of all necessary legal formalities.

(Bivas Pattanayak, J.)