Mahua Das v. The State Of West Bengal And ORS

04.01.2024 Item No.22 gd WPA/2907/2023 MAHUA DAS VS THE STATE OF WEST BENGAL & ORS.

Mr. Anindya Bose ..for the Petitioner.

Mr. Pretom Das, Mr. Sourav Sarkar ..for the State.

Mr. Anirban Banerjee ..for the Respondent Nos.5 and 6.

Mr. Bikramaditya Ghosh, Ms. Supriya Singh ..for the Respondent/SSC.

As prayed for by the learned advocate for the petitioner, leave is granted to the learned advocateon-record of the petitioner to amend the cause-title of the instant writ petition by impleading the Secretary, West Bengal Central School Service Commission as a party respondent in this writ petition.

Since the School Service Commission is represented through its learned advocate, Mr. Ghosh, service of notice upon the added respondent is dispensed with.

The petitioner shall be obliged to supply an amended cause-title of the writ petition upon the learned advocates for the respondents by tomorrow. The petitioner who is an Assistant Teacher of Geography in a High School situated at Rajganj,

District-Jalpaiguri has submitted an application before the Secretary, West Bengal Central School Service Commission dated 29th November, 2023 praying for transfer to Siliguri Vidyasagar Vidyalaya which is nearer to her residence on medical ground. Mr. Ghosh, learned advocate appearing for the School Service Commission submits that no decision on such representation has yet been taken by the respondent authority.

In view thereof, without entering into the merits of the prayer for general transfer on medical ground, this court directs the Secretary, West Bengal Central School Service Commission, being the added respondent to this writ petition, to consider the prayer of the petitioner for general transfer on medical ground as contained in representation dated 29th November, 2023 and to dispose of the same by passing a reasoned order and communicate the same to the petitioner immediately thereafter.

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

Needless to mention that the prayer of the petitioner for transfer shall be considered in accordance with the relevant Rules, Regulations and Notifications.

Taking note of the fact that the earlier application of the petitioner dated 4th April, 2022 has been returned on 19th April, 2022, this court has directed the added respondent to decide the subsequent application dated 29th November, 2023. With the above observations and directions, WPA 2907 of 2023 stands disposed of.

There shall be no order as to costs.

Urgent certified copy of this order, if applied for, be given to the learned advocates for the parties on usual formalities.

(HIRANMAY BHATTACHARYYA, J.)