Riton Shaikh v. State Of West Bengal And ORS.
21.05.2026 Sl. No.70 Ct. No.14 ss
IN THE HIGH COURT AT CALCUTTA
CONSTITUTIONAL WRIT JURISDICTION APPELLATE SIDE W.P.A. No. 29380 of 2025 Riton Shaikh
Versus
The State of West Bengal & Ors.
Mr. Somesh Kr. Ghosh Ms. Komal Singh Mr. Suman Mukherjee ...for the Petitioner.
Mr. Biswabrata Basu Mallick ...for the DPSC, Uttar Dinajpur.
Mr. Ratul Biswas Mr. Koushik Chowdhury ... for the WBBPE 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 his present place of posting in the District of Uttar Dinajpur to a school in the District of Murshidabad.
3.
The petitioner contends that he joined as an Assistant Teacher in Goti FPS School, under Goalpokher Circle District Uttar Dinajpur on 9th August, 2021. The petitioner is confirmed in service with effect from 9th August, 2023. The petitioner's wife is suffering from various gynaecological disorders. The house of the petitioner is situated about 234 kilometers away from
his present place of posting. On 30th September, 2024 the petitioner made a representation before the Chairman, Uttar Dinajpur District Primary School Council for his transfer on spouse medical ground and the same has been forwarded to the Secretary, West Bengal Board of Primary Education on 22nd May, 2025. However, the said representation is still pending consideration. Hence, this writ petition.
4.
Mr.
Somesh Kumar Ghosh, learned Advocate appearing on behalf of the petitioner submits that the matter may be relegated to the appropriate authority for consideration of the representation of the petitioner for his transfer, in accordance with law.
5.
Learned Advocates appearing on behalf of the West Bengal Board of Primary Education as well as District Primary School Council, Uttar Dinajpur leave the matter to the discretion of the Court.
6.
In view of the submissions advanced on behalf of the respective parties, the respondent No.4, the Secretary, West Bengal Board of Primary Education, is directed to consider the representation of the petitioner and dispose of the same by passing a reasoned order, in accordance with law, upon notice to the petitioner, subject to production of medical documents, within a period of eight weeks from the date of communication of this order.
7.
The reasoned order is to be communicated to the petitioner within one week from the date of passing of such order.
8.
Learned advocate for the petitioner is directed to communicate this order to the respondent no.4, the Secretary, West Bengal Board of Primary Education. 9.
With the above direction, the writ petition being WPA 29380 of 2025 stands disposed of.
10. Since no affidavits have been called for, the allegation made in the writ petition is deemed to be not admitted.
11. Interim order, if any, stands vacated.
12. All connected applications, if any, stand disposed of.
13. There shall be no order as to costs.
14. All concerned parties shall act in terms of the copy of the order duly downloaded from the official website of this Court.
15. 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.)