Sonali Kumar v. State Of West Bengal And ORS.

21.01.2025 Court No. 18 Item No. 06 (Suvendu) WPA 29425 of 2024 Sonali Kumar -VersusThe State of West Bengal & Ors.

Mr. Sourav Mondal Mr. Sayantan Mukherjee ......for the petitioner Mr. Binoy Kr. Das .....for the State Mr. Sunit Kumar Roy ....for the WBCSSC Mr. Pinaki Bhattacharyya Ms. Priti Dutta ....for the respondent no.5 Affidavit of service filed on behalf of the petitioner is taken on record.

By presenting this writ petition, petitioner has prayed for transfer from her present school to a school which is nearby to her place of residence.

Petitioner's off-line transfer application dated 27th September, 2024 is at page 22 of the writ petition.

On perusal of the transfer application, it appears that petitioner has prayed for transfer firstly on the ground of distance since her matrimonial house is far away from the place where her school is situated. Additionally,

petitioner has stated that she is suffering from some ailments. Marriage of the petitioner was solemnized in 2010 whereas opportunity was granted to the teachers to apply on-line for transfer by making application on Utshasree portal and said portal was operational till 29th September, 2022. Petitioner did not apply online for transfer. Subsequently petitioner has made application for transfer on 27th September, 2024 through off-line mode.

In order to treat the off-line application of the petitioner as an application made on special ground due to ailments of the petitioner, amended Rule 4(a) is required to be applied as contained in notification dated 8th September, 2021 whereby the West Bengal School Service Commission (General Transfer, Transfer on Special Grounds and Reallocation) Rules, 2015 has been amended. Amended Rule 4(a) is quoted below:- "4(a) Any incumbent or his/her son/daughter/spouse suffering from malignant disease/severe heart disease/renal failure/thalassemia, replacement of organ/serious gynecological disorder causing serious problem in attending the school;"

Specific diseases are delineated in Rule 4(a) and if the teacher or his/her son/daughter/spouse suffers from one of such diseases, the teacher is entitled to apply for transfer on special ground. This is not a case where the teacher is suffering from specified diseases as provided under amended Rule 4(a). In addition thereto, provisions as contained in amended Rule 4(b) to 4(e) do not come in aid of the petitioner.

Hence, the transfer application of the petitioner cannot be treated an application on special ground.

Therefore, no relief can be granted to the petitioner and writ petition stands dismissed. However, this order shall not preclude the petitioner to apply for transfer in accordance with law in future, if situation so arises.

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.)