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Calcutta High CourtWPA/147/2025disposed

Madhumita Ghosh v. State Of West Bengal And ORS.

2025-01-15Hon'Ble Justice Saugata Bhattacharyya3 pages

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15.01.2025 15.01.2025 Ct. No. 18 (ARPAN) W.P.A. 147 of 2025 Madhumita Ghosh Vs.

The State of West Bengal & Ors.

Mr. Sudip Ghosh Choudhury Ms. Shreyeta Mitra Ms. Debalina Chakraborty ...for the Petitioner Ms. Mukti Chandra Ghosh Mr. Rajsekhar Basu ...for the State Mr. Sourav Mitra Mr. Sunit Kumar Roy ...for W.B.C.S.S.C Mr. Bibek Dutta ...for W.B.B.S.E Affidavit-of-service filed on behalf of the petitioner is taken on record.

Matter relates to transfer of the petitioner since petitioner is suffering from ailments. An application was made on Utsashree portal on 10th August, 2021 and same was processed by the school authority where petitioner is presently working and was forwarded to the concerned District Inspector of Schools (S.E.) on 26th August, 2021 for taking further steps. The concerned District Inspector of Schools (S.E.) in his turn has processed the transfer application and forwarded the same on 16th September, 2021 to the West Bengal Central School Service Commission for taking final decision.

The grievance of the petitioner is in spite of receipt of transfer application through portal on 16th

September, 2021, Commission has not taken any decision. Prayer is made to give direction upon the concerned authority of the Commission to decide the transfer application of the petitioner.

Respondents are represented by learned advocates who have jointly submitted that due to suspension of portal contemporaneous decision could not be taken on transfer application of the petitioner. On behalf of West Bengal Central School Service Commission, it is 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.3 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.

However, it is made clear that transfer application shall not be rejected on the ground of suspension of portal.

Urgent photostat certified copy of the order, if applied for, be given to the parties, upon usual undertakings.

(Saugata Bhattacharyya, J.)