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Calcutta High CourtWPA/29740/2024disposed

Rupam Biswas v. The State Of West Bengal And ORS.

2025-01-09Hon'Ble Justice Saugata Bhattacharyya2 pages

09.01.2025 Ct. No. 18 adeb W.P.A. 29740 of 2024 Rupam Biswas Vs.

The State of West Bengal & Ors.

Mr. Shuvro Prakash Lahiri Mr. Rajesh Naskar Mr. Ankan Mondal ...for the Petitioner Mr. Sunit Kumar Roy ...for the SSC Mr. Sougata Mitra Mr. Somnath Ghosh ...for the State Affidavit of service filed on behalf of the petitioner is taken on record.

Matter relates to transfer of the petitioner based on an application made on 5th September, 2022 on Utsashree Portal on the ground of distance in between the present school of the petitioner and his place of residence. Learned advocate representing the petitioner submits that after the application for transfer was made on portal the school authority where petitioner is presently working forwarded the transfer application to the District Inspector of Schools (SE) for taking further steps. The concerned District Inspector of Schools (SE) in his turn has processed the transfer application and forwarded the same on 23rd September, 2022 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 23rd September, 2022 till date transfer application has not been decided.

Respondents are represented by learned advocates who have jointly submitted that contemporaneous decision on transfer application could not be made due to suspension of portal with effect from 29th September, 2022.

However, it is submitted on behalf of West Bengal Central School Service Commission 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 8 (eight) weeks from the date of communication of this order and decision to be communicated to the petitioner by 1 (one) 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.)