Calcutta High Court (Appellete Side)
Jatil Mandal vs The State Of West Bengal & Ors on 8 October, 2024
Author: Saugata Bhattacharyya
Bench: Saugata Bhattacharyya
11 08.10.2024
rkd
W.P.A. 25370 of 2024
Ct.18
Jatil Mandal
-vs-
The State of West Bengal & Ors.
Mr. Anindya Bose,
Mr. Santanu Maji
....for the petitioner.
Ms. Susmita Biswas Chowdhury
....for the State.
Mr. Sunit Kumar Roy
....for the WBCSSC.
Ms. Koyeli Bhattacharyya,
Mr. Bibek Dutta
....for the WBSSE.
Affidavit-of-service filed on behalf of the
petitioner is taken on record.
Matter relates to transfer of the petitioner
since his wife is suffering from ailment.
It has been submitted by the learned
advocate representing the petitioner that the
application was made on Utsashree portal on 26 th
January, 2022 seeking transfer on medical ground
which was processed by the school authority where
petitioner is presently working and forwarded the
same to the concerned District Inspector of Schools
(SE). District Inspector of Schools (SE) in his turn
has processed the transfer application of the
petitioner on compliance of necessary formalities
and forwarded the same to the office of the West
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Bengal Central School Service Commission through
portal on 10th May, 2022 for taking final decision.
The grievance of the petitioner is in spite of
receipt of transfer application far back on 10 th May,
2022 through portal till date no decision has been
taken by the Commission. Petitioner prays for
direction upon the Commission to decide his
transfer application.
The respondents are represented by learned
advocates who have jointly submitted that due to suspension of Utsashree portal with effect from 29 th September, 2022 contemporaneous decision could not be taken.
However, it has been submitted on behalf of the Commission that if direction is given upon the Chairman of the Commission the transfer application of the petitioner shall be decided in accordance with law.
Having considered the submissions made on behalf of the parties, the writ petition stands disposed of directing the Chairman, West Bengal Central School Service Commission being respondent no.4 to decide the transfer application of the petitioner in accordance with law by eight weeks from the date of communication of this order.
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The decision to be taken by the respondent no.4 shall be communicated to the petitioner by one week thereafter.
However, it is made clear that suspension of Utsashree portal shall not be a ground for rejecting the transfer application of the petitioner.
There shall be no order as to costs. Urgent photostat certified copy of this order, if applied for, be given to the learned Advocates for the parties on the usual undertakings.
(Saugata Bhattacharyya, J.)