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Calcutta High CourtWPA/30326/2024disposed

Madhushree Roy v. The State Of West Bengal And ORS.

2025-12-18Hon'Ble Justice Bivas Pattanayak3 pages

18.12.2025 Sl. No.10 Ct. No.14 Ss

IN THE HIGH COURT AT CALCUTTA

CONSTITUTIONAL WRIT JURISDICTION APPELLATE SIDE W.P.A. No. 30326 of 2024 Madhushree Roy

Versus

The State of West Bengal & Ors.

Mr. Ambu Bindu Chakraborty Ms. Mrinmoyee Roy Chowdhury ...for the Petitioner.

Mr. Avishek Prasad ...for the respondent no.6.

Mr. Srijan Nayak Mrs. Piyali Dutta Sengupta ... 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 to consider the representation of the petitioner for transfer on distance and medical ground from her present place of posting, i.e., Kankribandha B.S. Primary/Junior Basic School, Manikchak Circle to any school nearest to her residence.

3. The petitioner contends that she is presently posted as Assistant Teacher Kankribandha B.S. Primary/Junior Basic School, Manikchak Circle. The petitioner has a two year old daughter and the husband of the petitioner is suffering from disc bulge with broken tailbone and many other associated ailments. The mother-in-law of the petitioner is also suffering from lymph nodes located around her breast. On 28th

October, 2024 the petitioner made a representation before the Chairman, Malda District Primary School Council, respondent no.6 with a prayer for transfer. The same is pending for consideration. Hence, this writ petition.

4. Mr. Ambu Bindu Chakraborty, learned Advocate appearing on behalf of the petitioner submits that the respondent authorities, particularly respondent no.6, the Chairman, District Primary School Council, Malda be directed to consider the representation of the petitioner within a specified period of time.

5. Mr. Avishek Prasad, learned Advocate appearing on behalf the respondent no.6, the Chairman, District Primary School Council, Malda, also submits that the matter be relegated to the appropriate authorities for taking a decision on the matter.

6. In view of such submissions advanced on behalf of the respective parties, the respondent No.6, the Chairman, District Primary School Council, Malda is directed to consider and dispose of the representation of the petitioner dated 28th October, 2024, in accordance with law, within a period of six weeks from the date of communication of this order,

7. Petitioner is directed to communicate this order to the respondent no.4, the Secretary, West Bengal Board of Primary Education.

8. With the above direction, the writ petition being WPA 30326 of 2024 stands disposed of.

9. Since no affidavits have been called for, the allegation made in the writ petition is deemed to be not admitted.

10. Interim order, if any, stands vacated.

11. All connected applications, if any, stand disposed of.

12. There shall be no order as to costs.

13. All concerned parties shall act in terms of the copy of the order duly downloaded from the official website of this Court.

14. 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.)