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Calcutta High CourtWPA/436/2025disposed

Sonjoy Barman v. The State Of West Bengal

2025-03-04Hon'Ble Justice Jay Sengupta2 pages

15 04.03.2025 Calcutta High Court NB Ct. 02 In The Circuit Bench At Jalpaiguri Appellate Side WPA 436 of 2025 Sanjoy Barman Vs.

The State of West Bengal & Ors.

Mr. Shuvro Prakash Lahiri, Mr. Debajit Kundu.

...for the petitioner.

Mr. Sunit Kumar Roy (in vc), Mr. Subhasish Misra.

...for the SSC.

Mr. Sandip Guha Roy.

...for the State.

Affidavit of service filed on behalf of the petitioner is taken on record.

Learned counsel appearing on behalf of the petitioner submits as follows. The petitioner is a secondary school teacher and is suffering from thalassemia. His application for transfer on medical ground through the portal is pending consideration before the concerned authorities. Let the same be considered as expeditiously as possible and in accordance with law.

Learned counsel appearing on behalf of the Central School Service Commission submits that first the DI has to take a medical report from the CMOH concerned and thereafter forward it to the Commission.

Learned counsel appearing on behalf of the DI submits that in the event an application for transfer is

pending consideration, the same would be decided in accordance with law.

It appears that an application for transfer of the petitioner is pending before the concerned authorities. In view of the same, let the petitioner's application for transfer on medical ground be considered by the respondent authorities in accordance with law. The concerned DI shall obtain medical report from the CMOH concerned within four weeks from the date of communication of this order and thereafter, positively within a week forward the application to the Commission in question. The Commission shall finally consider the application in accordance with law and at the earliest, preferably within a period of four weeks from the date of receipt of such communication.

It is made clear that the temporary suspension of the portal shall not come in the way of such consideration. With these observations, the writ petition is disposed of.

Urgent photostat certified copy of this order may be supplied to the parties expeditiously, if applied for. (Jay Sengupta, J.)