Calcutta High CourtWPA/439/2025disposed

Gopal Adhikary v. The State Of West Bengal And ORS.

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

04.3.2025 Ct. No. 2 SB CALCUTTA HIGH COURT

IN THE CIRCUIT BENCH AT JALPAIGURI

W.P.A. 439 of 2025 Gopal Adhikary Vs.

The State of West Bengal & Ors.

Mr. Shuvro Prokash Lahiri Mr. Debajit Kundu ... for the petitioner Mr. Sunit Kumar Roy ( Through VC) Mr. Subhasish Mishra ... for the S.S.C.

Mr. Sandip Guha Roy ... for the State Affidavit of service filed by the petitioner is taken on record.

Learned counsel appearing for the petitioner submits as follows. The petitioner is an Assistant Teacher of Physical Education in Turigram Haripada High School, Coochbehar. He prayed for transfer on special ground by an offline application dated 04.10.2024 before the concerned authorities. The grounds for transfer include distance between the residence and the school and the medical condition of the spouse. The same is pending at the level of the school. The same may be considered at the earliest and in accordance with law.

Learned counsel appearing on behalf of the School Service Commission submits that due procedure may be followed in forwarding the application to the Commission so that the same can be decided in accordance with law.

In view of the above, let the school authorities forward the application to the District Inspector in question within a fortnight from the date of communication of this order. The District Inspector shall forward the application with the medical report from the CMOH to the Commission in question within three weeks from receiving the papers from the school. Then the District Inspector shall forward the papers to the commission in accordance with law and in the event a case is made out for transfer the Commission shall decide the question of transfer in accordance with law. 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.)