Pampa Sarkar v. The State Of West Bengal And ORS

Calcutta High Court In the Circuit Bench at Jalpaiguri Appellate Side 04 29.1.2025 Sc Ct. no. 2 WPA 74 OF 2025 ------------- Pampa Sarkar Vs.

The State of West Bengal & Ors.

Mr. Bablu Mitra Mr. Sourav Sarkar.

....For the Petitioner Mr. Subir Kumar Saha, AGP Ms. Pratusha Dutta Chowdhury.

....For the State Mr. Sunit Kumar Ray ....For the CSSC The last order dated January 24, 2025 speaks for itself.

Mr. Bablu Mitra, learned Advocate appears for the petitioner.

Mr.

Subir Kumar Saha, learned Additional Government Pleader with Ms.

Pratusha Dutta Chaudhury appear for the State respondents.

Mr. Sunit Kumar Ray, learned Advocate appears for the School Service Commission through virtual mode. The documents appended to the writ petition from page 40 onwards show that, the husband of the petitioner has been suffering from Blood Cancer at an

advanced stage. On such ground of illness of the spouse, the petitioner seeks transfer from one school to another in terms of her transfer application dated September 25, 2024, Annexure-P16 at page 51 to the writ petition. The application has been made offline as the Utsashree Portal remains suspended for the time being.

Mr.

Subir Kumar Saha, learned Additional Government Pleader today submits a report dated January 21, 2025, issued under the seal and signature of the respondent no.5, the same is taken on record.

In view of the above, considering the special circumstance involved in this case, the petitioner shall serve a copy of the writ petition with all its annexure upon the respondent no.5 forthwith.

The respondent no.5 then shall consider the said offline application for transfer dated September 25, 2024, Annexure-P16 at page 51 to the writ petition and shall forward the same to the Chairman of the Central School Service Commission to enable him to take necessary steps in accordance with law.

This entire exercise shall be carried out positively within a period of eight weeks from the date of communication of this order.

In the event the transfer is effected, the same shall be given an immediate effect considering the special circumstance involved in this case but positively within a period of two weeks from the date of the decision to be taken by the Chairman of the Central School Service Commission and the necessary transfer order then shall be issued by the West Bengal Board of Secondary Education positively within a period of two weeks from the recommendation to be made by the Chairman, Central School Service Commission and the petitioner shall be allowed to join positively within 72 working hours from issuance of the said transfer order. It is made clear that, this order shall not be treated as precedence as because considering the special circumstance involved in this case, this order is being passed.

This Court appreciates the assistance extended by the learned Advocates appearing for the State as well as the learned Advocate appearing for the Central School Service Commission considering the special circumstance involved in this writ petition.

Since affidavits are not called for, the allegations made in this writ petition are deemed not to have been admitted by the respondents.

With the above observations and directions this writ petition, WPA 74 of 2025 stands disposed of, without any order as to costs.

Photostat certified copy of this order, if applied for, be furnished expeditiously.

(Aniruddha Roy, J.)