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Calcutta High CourtWPA/497/2025disposed

Jit Chaakraborty v. 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. 497 of 2025 Jit Chakraborty Vs.

The State of West Bengal & Ors.

Mr. Shuvro Prokash Lahiri Mr. Debajit Kundu ... for the petitioner Ms. Bedashruti Bose.

Ms. Pratusha Dutta Choudhury ... for the State Mr. Saikat Banerjee ... WBBPSE 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 at Betguri B.F. Primary School, Jalpaiguri. He has not completed five years of service. But on 23.12.2024, the petitioner was constrained to make an application for transfer on special ground as his two years child was suffering for heart disease as also on the ground of the distance between the residence and the work place. Yet, the said representation has not been considered. Learned counsel appearing for the Board submits that a prayer for transfer has to be made before the Secretary of the West Bengal Board of Primary Education.

It appears that no application has been made before the Secretary of the Board.

Let the petitioner make an application for transfer on such special ground before the Secretary of the West Bengal

Board of Primary Education at the earliest. In the event the same is made after a fortnight, the Secretary will consider his representation in accordance with law and expeditiously preferably within a period of ten weeks from the date of communication of this order.

As the application for transfer is made on special ground, the bar of five years of continuous service would not be required to be considered.

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 the order, if applied for, be given to the parties, upon completion of requisite formalities.

(Jay Sengupta, J.)