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Calcutta High Court (Appellete Side)

Tarak Nath Samanta vs The State Of W. B. & Ors on 2 December, 2021

Author: Abhijit Gangopadhyay

Bench: Abhijit Gangopadhyay

       02.12.
g.b.   2021                          WPA 18840 of 2021
       Ct. No.17
201
                                 Tarak Nath Samanta
                                       Vs.
                                The State of W. B. & Ors.

                   Mr. Robiul Islam
                   Mr. Shamim-ul Bari
                   Mr. K. M. Hossain
                   Sk. Jayad Hossain
                              .......For the Petitioner
                   Mrs. Koyeli Bhattacharyya
                           .......For the WBBSE
                   Dr. S. K. Patra
                   Ms. Supriya Dubey
                               .......For the SSC

                         The case of the petitioner is that he and

                   another teacher of the school of the same subject

                   (English) applied for transfer through Utsashree

                   Portal.    According to the experience and length of

                   service,    the     petitioner      was    required     to   get

                   recommendation            for   transfer   but    the     school

                   recommended         the     other   candidate    for    transfer.

                   Subsequently when this was brought to the notice of

                   the school by the petitioner, the school admitted its

                   mistake and wrote a letter to the West Bengal Central

                   School Service Commission on 22.11.2021 with a

                   prayer to take back the letter of recommendation

                   issued to other teacher or to cancel the said

                   recommendation.

                        I am told that the Headmaster in view of such

                   mistake has not issued release order in favour of the

                   private respondent till date.

Dr. Patra, learned advocate for the West Bengal 2 Central School Service Commission submits that he has to take instruction from his client as to the steps taken by the Commission after receiving such letter of the school which is Annexure 'P-4' of the writ application.

The matter is adjourned till 16th December, 2021.

In the meantime, I direct the Headmaster of the present school not to issue release order in favour of the private respondent till 23rd December, 2021. The particular transfer order issued by the Commission shall remain stayed till 23rd December, 2021.

I direct the petitioner to serve a copy of this order upon the Headmaster of the school as well as the private respondent in favour of whom recommendation was made mistakenly.

List this matter on 16th December, 2021.

(Abhijit Gangopadhyay, J.)