Sampasree Chakravorty v. The State Of West Bengal And ORS.

D/L 11 02.05.2025 Court No.02 PRADIP CALCUTTA HIGH COURT

IN THE CIRCUIT BENCH AT JALPAIGURI

APPELLATE SIDE WPA 1011 of 2025 Sampasree Chakravorty Vs.

The State of West Bengal & Ors.

Mr. S.P. Lahiri Mr. Debojit Kundu ... for the Petitioner.

Mr. Nabankur Paul Mr. Pradip Sarkar ...for the State.

Mr. Sunit Kumar Roy Mr. Subhasish Misra ...for the SSC.

1. Affidavit of service filed in Court today is taken on record.

2. The petitioner seeks transfer. She approached the Court on an earlier occasion by filing WPA 2169 of 2024 which stood disposed of by the Court on 27th September, 2024 by observing that, it will be open for the petitioner to make appropriate application before the head of the institution. In the event such an application is made, the same shall be considered by the head of the institution in accordance with law and steps in furtherance thereto shall be taken.

3. The petitioner though intended to apply for transfer on general ground but in the application before the head of the institution she mentioned about transfer on 'compassionate ground'.

4. The application of the petitioner reached the table of the District Inspector of Schools, SE, who vide order dated

23rd December, 2024 requested the teacher-in charge of the school to provide the supporting government order which supports the application for transfer on compassionate ground. If the order is available then the teacher-in charge was requested to submit proper no objection certificate issued by the school in favour of her transfer along with the staff pattern mentioning whether the petitioner is a single subject teacher or not.

5. From the documents annexed to the writ petition it appears that the no objection certificate was already issued in favour of the petitioner by the school in April, 2022.

6. The learned advocate for the petitioner submits that the petitioner seeks transfer on general ground and she requested for consideration of her prayer for transfer compassionately/sympathetically. She never intended to seek transfer on compassionate ground.

7. As it appears that the no objection had already been issued in favour of the petitioner, accordingly, the school is directed to forward the no objection certificate to the District Inspector of Schools. The District Inspector of Schools is directed to consider the prayer of the petitioner for general transfer in accordance with law at the earliest but positively within a period of ninety days from the date of communication of this order.

8. It is made clear that there is no requirement of making any fresh application by the petitioner and the application of the petitioner which is already on record shall be taken up for consideration by the District Inspector of Schools.

9. The writ petition stands disposed of.

10. Urgent photostat certified copy of this order, if applied for, be supplied to the parties upon compliance of all requisite formalities.

(Amrita Sinha, J.)