Narayan Chandra Ray v. The State Of West Bengal And ORS

Item No.25 12.06.2024 Court. No. 2 GB CALCUTTA HIGH COURT

IN THE CIRCUIT BENCH AT JALPAIGURI

APPELLATE JURISDICTION WPA 648 of 2024 Narayan Chandra Ray VS The State of West Bengal & Ors.

Mr. Sudip Ghosh Chowdhury ... for the Petitioner.

Ms. Bedashruti Bose, Mr. Sumit Kumar ... for the State.

Mr. Anirban Banerjee ... for the Respondent No.2.

Mr. Sunit Kumar Roy, Mr. Subhasish Misra ... for the Respondent No.3.

The petitioner is an Assistant Teacher of Mekhliganj Higher Secondary School, District - Cooch Behar. The petitioner's service was approved sometime in 2010. The petitioner applied for general transfer on the medical ground of his spouse. The petitioner contends that his residence is 46 kms. away from his school and his wife is suffering from gynaecological disorder, which was confirmed by the Chief Medical Officer of Health. His wife needs constant attention. It is necessary for the petitioner to stay with his wife.

The petitioner applied in the Utsashree portal and it appears from the record that the matter is now pending before the West Bengal Central School Service

Commission. The Commission is yet to decide the matter. In the meantime, Utsashree portal has been suspended. Thus, the writ petition is disposed of with a direction upon the competent authority to dispose of the prayer of the petitioner in the offline mode and if the case of the petitioner is considered favourably, the vacancy position shall be shown to the petitioner so that the petitioner may exercise option accordingly. A reasoned order shall be passed and communicated to the petitioner. The entire exercise shall be completed within a period of two months from the date of communication of this order.

Accordingly, the writ petition is disposed of. However, there shall be no order as to costs. Parties are directed to act on the basis of the server copy of this order.

(Shampa Sarkar, J.)