Calcutta High CourtWPA/710/2026disposed

Labani Das v. The State Of West Bengal And ORS

2026-06-10Hon'Ble Justice Bivas Pattanayak4 pages

10.06.2026 Sl. No.15 Ct. No.6 gd

IN THE HIGH COURT AT CALCUTTA

CIRCUIT BENCH AT JALPAIGURI CONSTITUTIONAL WRIT JURISDICTION APPELLATE SIDE WPA/710/2026 LABANI DAS VS THE STATE OF WEST BENGAL AND ORS.

Ms. Suman Sehanabis Mr. Salok Sah Ms. Anwesha Chakraborty ...for the Petitioner.

Mr. Arijit Ghosh Ms. Rajni Singh Dev ...for the State.

Mr. Bikramaditya Ghosh Mr. Binayak Bandopadhyay ...for WBPPE.

1. Affidavit of service filed by the petitioner is taken on record.

2. By the present writ petition the petitioner seeks direction upon respondent authorities to grant inter district transfer to the petitioner from district of Jalpaiguri to district of Howrah on medical ground.

3. The petitioner contends that she joined as an Assistant Teacher in Batabari B.F Primary School, Post Office- Batabari, Police StationMatelli, District- Jalpaiguri under Matelli Circle on 22nd July, 2021. The petitioner has been confirmed in service with effect from 22nd

July, 2023. The petitioner is suffering from serious gynaecological problems and also undergoing psychiatric consultation for the reason of acute depression. On 6th April, 2026 the petitioner made a representation before the concerned authority seeking transfer on medical ground. However, the same is still pending consideration. Hence this writ petition.

4. Ms. Suman Sehanabis, learned advocate appearing for the petitioner submits that the matter may be relegated to appropriate authority for consideration of representation of the petitioner for her transfer on medical ground in accordance with law.

5. Learned advocate appearing for the West Bengal Board of Primary Education as well as State leave the matter to the discretion of the Court.

6. In view of the submissions advanced on behalf of the respective parties, respondent no.3, Secretary, West Bengal Board of Primary Education is directed to consider representation of the petitioner dated 6th April, 2026 and dispose of the same by passing a reasoned order in accordance with law upon notice to the petitioner within a period of six

weeks from the date of communication of this order.

7. The reasoned order shall be communicated to the petitioner within one week from passing thereof.

8. Respondent no.3 is granted liberty to seek medical examination of the petitioner prior to consideration of representation of petitioner.

9. Learned advocate for the petitioner is directed to communicate this order to respondent no.3, Secretary, West Bengal Board of Primary Education, for necessary compliance.

10. With the aforesaid directions, the writ petition being WPA 710 of 2026 stands disposed of.

11. Since no affidavits have been called for, the allegation made in the writ petition is deemed to be not admitted.

12. Interim order, if any, stands vacated.

13. All connected applications, if any, stand disposed of.

14. There shall be no order as to costs.

15. All concerned parties shall act in terms of the copy of the order duly downloaded from the official website of this Court.

16. Urgent Photostat certified copy of the order, if applied for, be given to the parties on compliance of all necessary legal formalities. (Bivas Pattanayak, J.)