Mandira Basak v. The State Of West Bengal And ORS.
06.3.2025 Ct. No. 2 SB CALCUTTA HIGH COURT
IN THE CIRCUIT BENCH AT JALPAIGURI
W.P.A. 420 of 2025 Mandira Basak Vs.
The State of West Bengal & Ors.
Mr. Shubroprokash Lahiri Mr. Debjit Kundu ... for the petitioner Mr. Sourav Sarkar ... for the State Mr. Saikat Banerjee ... for WBBPE Learned counsel appearing on behalf of the petitioner submits as follows. The petitioner is an Assistant Teacher at the Takimari 1st phase aided Primary School, Coochbehar . He prayed for transfer on Medical ground as well as distance between the workplace and the residence. Yet the same has not been considered till date. There is a noting in the Utsashree that PTR was already in deficit. As per the rules applicable if an application for transfer is made on the medical ground then the PTR would not be taken into consideration.
Learned counsel appearing on behalf of the WBBPE submits as follows. The West Bengal Board of Primary Education is not in a position to access the portal or materials uploaded there because the portal is under suspension. In view of the same a fresh application may be made before the Secretary of the Board seeking transfer on
medical ground so that the same can be decided in accordance with law.
In view of the above the petitioner is granted liberty to make an offline application for transfer on medical ground and distances. If the same is made within two weeks from this date, the Secretary of the Board shall consider the same in accordance with law and as expeditiously as possible, preferably within ten weeks from the date of such application. It is clarified that if the opinion of the CMOH had already been taken pursuant to the earlier application, the same will be considered by the Board in accordance with law. It also appears from the relevant rules that P.T.R. is not to be taken into consideration in the event an application for transfer is made on medical ground.
With these observations, the writ petition is disposed of. As affidavits were not called for, the allegations made are deemed not to have been admitted.
Urgent Photostat certified copy of this order, if applied for, be given to the parties, upon completion of requisite formalities.
(Jay Sengupta, J.)