Artery Sarkar v. The State Of West Bengal And ORS
Form No. J.(2) Item No. 34 AB
IN THE HIGH COURT AT CALCUTTA
Circuit Bench at Jalpaiguri Constitutional Writ Jurisdiction Appellate Side
Present:
The Hon'ble Justice Aniruddha Roy W.P.A. 1948 of 2025 Artery Sarkar Vs.
The State of West Bengal & Ors.
For the petitioner :
Mr. Sudip Kumar Ghosh, Advocate (VC) Mr. Soumajit Laskar, Advocate For the State :
Mr. Hirak Barman, Advocate Mr. Bikash Singha, Advocate For SSC :
Mr. Sunit Kumar Roy, Advocate (VC) Heard on :
September 11, 2025 Judgment on :
:
September 11, 2025 Aniruddha Roy, J.
Affidavit of service filed in Court today, is taken on record. Referring to annexure P-7 at page 19 to the writ petition, learned counsel for the petitioner submits that, on November 13, 2021 the previous application seeking transfer by the petitioner has been rejected by the respondent no. 4 on the grounds mentioned therein. The law is now well settled that, there is no restriction on the part of the applicant to apply afresh even after such rejection seeking transfer. Accordingly, the petitioner shall be at liberty to apply afresh seeking transfer but strictly in accordance with law.
In the event, such an application is submitted by the petitioner the appropriate and jurisdictional authority shall take steps thereupon strictly in accordance with law but positively within a period of three months from the date of receiving such application from the petitioner. In the event, the decision goes in favour of the petitioner, then all consequential and necessary steps shall be taken to give an immediate effect thereto but positively within a period of six weeks from the date of the said reasoned decision.
It is made clear that, this order shall not create any right or equity in favour of the petitioner, if the petitioner is not found eligible to receive her claim for transfer.
Since affidavits are not called for, the allegations made in this writ petition are deemed not to have been admitted by the respondents. With the above observations and directions this writ petition W.P.A. 1948 of 2025 stands disposed of, without any order as to costs. Photostat certified copy of this order, if applied for, be furnished expeditiously.
(Aniruddha Roy, J.)