Masuf Hasan v. The State Of West Bengal And ORS

09.06.2026 Sl. No.26(DL) Ct. No.6 srm

IN THE HIGH COURT AT CALCUTTA

CIRCUIT BENCH AT JALPAIGURI CONSTITUTIONAL WRIT JURISDICTION APPELLATE SIDE W.P.A. No. 780 of 2026 Masuf Hasan

Versus

The State of West Bengal & Ors.

Mr. S.P. Lahiri, Mr. Debajit Kundu ...for the Petitioner.

Ms. Supriya Singh, Ms. Radhika Agarwal ...for the State.

Mr. Bikramaditya Ghosh ...fir the WBBPE.

1.

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

2.

By the present writ petition, the petitioner seeks direction upon the respondent authorities to grant inter-district transfer to the petitioner from the district of Jalpaiguri to the district of Murshidabad on medical ground of his spouse.

3.

The petitioner contends that he joined as an Assistant Teacher in Kongarpara Primary School, District-Jalpaiguri on 22nd July, 2021. The petitioner is confirmed in service with effect from 22nd July, 2023. The petitioner's wife is suffering from various gynaecological diseases and the petitioner is himself is also suffering from chronic chest disease. On 16th September, 2025, the petitioner made a representation seeking transfer before the concerned authority, however,

the same is still pending consideration. Hence, this writ petition.

4.

Mr. S.P. Lahiri, learned Advocate for the petitioner submits that the prayer for interdistrict transfer of the petitioner on the medical ground of his spouse has already been forwarded to the West Bengal Board of Primary Education on 13th February, 2026, however the same is still under consideration at the end of the Board. He seeks that the matter be relegated to the respondent-Board to consider the application of the petitioner for inter-district transfer.

5.

Mr. Bikramaditya Ghosh, learned Advocate for the WBBPE concedes to such submission.

6.

In view of such submissions advanced on behalf of the respective parties, the respondent No.4, Secretary, West Bengal Board Primary Education is directed to consider the representation of the petitioner dated 16th September, 2025 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 subject to production of medical documents.

7.

The reasoned order shall be communicated to the petitioner within a week from the date of passing of such order. The respondent No.4 is granted liberty to seek for medical examination

of the petitioner's spouse prior to consideration of representation of the petitioner.

8.

Learned advocate for the petitioner is directed to communicate this order to the respondent No.4, Secretary, West Bengal Board Primary Education, for necessary compliance.

9.

With the above direction, the writ petition being WPA 780 of 2026 stands disposed of.

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

11. Interim order, if any, stands vacated.

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

13. There shall be no order as to costs.

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

15. 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.)