Biman Mondal v. The State Of West Bengal And ORS.

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09.01.2025 09.01.2025 Ct. No. 18 (ARPAN) W.P.A. 29716 of 2024 Biman Mondal Vs.

The State of West Bengal & Ors.

Mr. Shuvro Prokash Lahiri Mr. Rajesh Naskar Mr. Ankan Mondal ...for the Petitioner Mr. Kanak Kiran Bandyopadhyay ...for SSC Affidavit-of-service filed on behalf of the petitioner is taken on record.

Matter relates to transfer of the petitioner based on an application dated 5th August, 2022 which was made on Utsashree portal seeking transfer on the ground of distance in between the present school of the petitioner and his place of residence. On receipt of transfer application, school authority where petitioner is presently working forwarded the same to the concerned District Inspector of Schools (S.E.) for taking further steps. District Inspector of Schools (S.E.), Nadia in his turn has processed the transfer application of the petitioner and forwarded the same to the West Bengal Central School Service Commission for taking final decision. Grievance of the petitioner is in spite of receipt of transfer application far back on 8th August, 2022 till date same has not been decided.

Respondents are represented by learned advocates who have jointly submitted that contemporaneous decision on transfer application could not be taken due to suspension of portal.

However, on behalf of West Bengal Central School Service Commission it has been submitted that if concerned authority is directed, transfer application of the petitioner shall be decided in accordance with law. Having considered the submissions made on behalf of the parties writ petition stands disposed of directing the Chairman, West Bengal Central School Service Commission being respondent no.4 to decide the transfer application of the petitioner by eight (8) weeks from the date of communication of this order and the decision to be communicated to the petitioner by one (1) week thereafter.

It is made clear that transfer application of the petitioner shall not be rejected on the ground of suspension of portal.

There shall 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.)