Debika Bhattacharjee v. The State Of West Bengal And ORS

OD 1 WPO 2394 of 2022

IN THE HIGH COURT AT CALCUTTA

CONSTITUTIOINAL WRIT JURISDICTION ORIGINAL SIDE DEBIKA BHATTACHARJEE

VERSUS

THE STATE OF WEST BENGAL AND ORS.

BEFORE:

The Hon'ble Justice RAJASEKHAR MANTHA Date : 16th August, 2022.

APPEARANCE:

Mr. Anjan Bhattacharya,Adv.

The Court :- Despite service, the respondents are not represented. Affidavit of service filed in Court today be kept on record. The petitioner has not completed five years in the current posting. She has sought for transfer on a severe medical condition. For transfer on medical grounds, the restriction of five years of service in a current posting, cannot be applied.

In that view of the matter, the petitioner's application for transfer shall be made in physical form to the head of the institution who shall independently verify the petitioner's medical condition. If satisfied, the said application shall be forwarded to the D.I. who shall in turn obtain an independent medical opinion of CMOH and process the matter further in terms of the 2015 Rules as amended from time to time. The petitioner's application shall be processed physically. In view of the above, WPO No.2394 of 2022 stands disposed of. (RAJASEKHAR MANTHA, J.) s.chandra