Eshani Dey v. The State Of West Bengal And ORS

04.01.2024 Item No.20 gd/ssd WPA/2905/2023 ESHANI DEY VS.

STATE OF WEST BENGAL AND ORS.

Mr. Santanu Maji ..for the petitioner.

Mr. Subir Kumar Saha, Mr. Nabankur Paul ..for the State.

Ms. Mousumi Bhowal, Mr. Deborshi Dhar, Ms. Oshmita Mukherjee ..for the respondent.

The petitioner who is presently employed as a primary teacher in a primary school located at "Chhoto Bengdaki newly set up primary school" PO: Bhawairthana, Sitalkuchi since February 24, 2017 applied before the Chairperson, District Primary School Council,, Cooch Behar praying for considering her case for transfer on medical and distance ground and to transfer her to any school which is in SadarIII/IV under Cooch Behar Block. The petitioner submitted a representation dated 4th October,, 2023 before the Chairperson. Learned Advocate appearing for the petitioner submits that the respondent authority is sitting tight over the matter and have not taken any steps with

regard to the prayer of the petitioner for general transfer.

Learned Advocate representing the District Primary Council submits that the petitioner could not make any ground for transfer for which the prayer of the petitioner could not be considered. Further it is not in dispute that no decision has been communicated by the respondent authority to the petitioner in that regard.

In view thereof, without entering into the merits of the prayer made by the petitioner for general transfer, this Court directs the Secretary, District Primary School Council, Cooch Behar being the 8th respondent to consider the prayer of the petitioner for general transfer as contained in her representation dated October 4, 2023 and to dispose of the same by passing a reasoned order in accordance with provisions laid down in the relevant rules and regulations and notification and communicate the decision to the petitioner.

The entire exercise shall be completed within a period of four weeks from the date of receipt of a server copy of this order.

With the aforesaid directions, WPA 2905 of 2023 is disposed of.

(HIRANMAY BHATTACHARYYA, J.)