Puja Baisnob v. State Of West Bengal And ORS.
Form No. J.(2) Item No. 35 b.r
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. 1987 of 2025 Puja Baisnob Vs.
The State of West Bengal & Ors.
For the petitioner :
Ms. Suman Sehanabish (Mondal),(VC) Ms. Anwesha Chakraborty, Advocates For the State :
Mr. Nabankur Paul, Advocate Mr. Pradip Sarkar, Adv.
For Primary Board :
Mr. Ratul Biswas (VC), Advocate For DPSC, Cooch Behar :
Ms. Mousumi Bhowal (VC), Adv.
Heard on :
September 12, 2025 Judgment on :
:
September 12, 2025 Aniruddha Roy, J.
Affidavit of service filed in Court today, is taken on record. The petitioner is working as an Assistant Teacher of a Primary School. The petitioner seeks inter-district transfer on medical and distance ground. The petitioner has submitted her representation dated June 24, 2025, annexure P-5 at page 30 to the writ petition but the same has not yet been decided.
In view of the above, the respondent no. 4 upon issuing a prior hearing notice of at least seven days to the petitioner and after granting her
an opportunity of hearing shall decide the representation dated June 24, 2025, annexure P-5 at page 30 to the writ petition, by passing a reasoned order in accordance with law.
The entire exercise shall be carried out and completed by the respondent no. 4 positively within a period of six weeks from the date of communication of this order. The reasoned order shall be communicated to the petitioner within a further period of one week from the date of the said reasoned order to be passed.
It is made clear that, this Court has not gone into the merits of the claim of the petitioner and the petitioner shall be at liberty to urge whatever points she wishes to urge by relying upon whatever records and documents she wishes to rely upon before the respondent no. 4. In the event, the reasoned order goes in favour of the petitioner, the respondent no. 4 and/or any other appropriate authority or authorities shall take steps to give an immediate effect to the said reasoned order but positively within a period of four weeks from the date of communication of the said reasoned order.
It is also made clear that, this order shall not create any right or equity in favour of the petitioner, if the petitioner does not succeed to her claim before the respondent no. 4 strictly in accordance with law. 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. 1987 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.)