Papia Chakraborty v. State Of West Bengal And ORS.

08.09.2021 Item No.31 Ct. No.17 S.A.

W.P.A. 11151 of 2020 Papia Chakraborty -vsThe State of West Bengal & Ors.

Mr. Robiul Islam Mr. Argha Chakrabarti ... For the petitioner Mr. Biswabrat Basu Mallick ...For the State Mr. Shamim ul Bari ... for the D.P.S.C., Malda Learned advocate for the District Primary School Council submits that the last and fourth transfer of the petitioner has been made for rationalisation of the teacher-student ratio in the school under the Right to Education Act. As an order of transfer of the petitioner has been passed for the 5th time, I direct the concerned authority being the District Primary School Council not to transfer the petitioner any further in any school and for rationalisation as aforesaid they may transfer any other teacher. The petitioner has already been transferred four times, once because of her option and the other three times for the reasons best known to the authorities. The petitioner has complied with all such orders till the fourth transfer. Now, she has come to Court in respect of the fifth transfer.

Learned advocate for the respondent/D.P.S.C.

submits that as per their record, it is the fourth transfer. The transfer order issued to the petitioner dated 11th December, 2020 shall not be given effect to in respect of the petitioner.

The D.P.S.C. is directed to see that the petitioner is not disturbed any further by transferring her in her service life unless it is absolutely necessary.

With the above direction, this writ application is disposed of.

Urgent certified website copy of this order, if applied for, be made available to the parties upon compliance of the formalities.

(Abhijit Gangopadhyay, J.)