Parvin Mallik v. State Of West Bengal And ORS.
18.12.2025 Sl. No.7 Ct. No.14 ss
IN THE HIGH COURT AT CALCUTTA
CONSTITUTIONAL WRIT JURISDICTION APPELLATE SIDE W.P.A. No. 29433 of 2024 Parvin Mallik
Versus
The State of West Bengal & Ors.
Mr. Somesh Kumar Ghosh ...for the Petitioner.
Mr. Ratul Biswas Mr. Kaushik Chowdhury ...for the WBBPE.
Mr. Bhaskar Prasad Vaisya Mr. Pinaki Bhattacharyya ... for the D.P.S.C., North 24-Parganas Mr. Biswabrata Basu Mallick Mr. Biman Halder Mr. Amman Arif Ansari .... for the D.P.S.C., Hooghly Ms. Rupsha Chakraborty Mr. Santanu Sett ... for the State
1. Affidavit-of-service filed on behalf of the petitioner is taken on record.
2. By the present writ petition, the petitioner seeks for direction upon the respondent authorities particularly, respondent nos.2 to 4 to consider the representation of the petitioner for transfer on distance and medical ground from her present place of posting, i.e., Debiswari Siksha Niketan (Unit-2) Primary/Junior Basic School (Unit-2) under Uttarpara Circle, District Hooghly to any school nearest to her residence under North 24-Parganas District Primary School Council.
3. The petitioner contends that she is presently posted as Assistant Teacher in Debiswari Siksha Niketan (Unit-2) Primary/Junior Basic School (Unit-2) under Uttarpara Circle, District Hooghly. The petitioner has twin babies who are 7 months old and she is also suffering from hyper tension with chronic gynaecological problem and many other associated ailments. On 30th October, 2024 the petitioner made a representation before the Secretary, West Bengal Board of Primary Education with a prayer for transfer. However, the same is still pending for consideration. Hence, this writ petition.
4. Mr.
Somesh Kumar Ghosh, learned Advocate appearing on behalf of the petitioner submits that the respondent authorities, particularly respondent no.4, the Secretary, West Bengal Board of Primary Education be directed to consider the representation of the petitioner within a specified period of time.
5. Mr. Ratul Biswas, learned Advocate appearing on behalf the West Bengal Board of Primary Education also submits that the matter be relegated to the appropriate authorities for taking a decision on the matter.
6. Mr. Pinaki Bhattacharya, learned Advocate for the DPSC. North 24-Parganas, respondent no.6, Mr. Biswabrata Basu Mallick, learned Advocate appearing on behalf of the DPSC, Hooghly, respondent no.7 and Ms. Rupsha Chakraborty, learned Advocate for the State concede to such submission.
7. 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 and dispose of the representation of the petitioner dated 30th October, 2024, in accordance with law, within a period of six weeks from the date of communication of this order,
8. 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 29433 of 2024 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.)