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Affidavit-of-service filed in Court today, is taken on record.

The petitioner claimed to be an Assistant Teacher for the subjects of Science Group presently working at Sri Ramakrishna Sarada Peeth Girls' High School (H.S), District - Jhargram. She applied for general transfer and the same was not accepted by the Utsashree Portal.

The petitioner moved this Court in the first round of writ litigation, being WPA 18140 of 2022 (for short the previous writ petition). By a Co-ordinate bench the previous writ petition was disposed of by an order dated August 30, 2022 with the following observation: -

With the aforesaid observations, the writ petition shall stand disposed."

Pursuant to the direction of the previous Co-ordinate bench, the respondent no. 5 issued a communication dated October 29, 2022 annexure 'P-2' to the writ petition. The observation of the respondent no. 5 is quoted below: -

"You are aware that online transfer through Utsashree portal has been suspended temporarily vide Notification No. 1293-SE/S/IS-04/95(Pt III) dt 29.09.2022. A good number of petitions of transfer of Assistant Teachers, arising out of various court cases are lying pending before the Commission, after suspension of portal.
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e) Such further or other order or orders be made and/or direction or directions be given as to this Hon'ble Court may deem fit and proper."

Mr. Anjan Bhattacharya, learned advocate appearing for the petitioner submitted that the suspension of Utsashree portal shall not affect the petitioner's right seeking transfer as the petitioner had applied for transfer much prior to the time when the Utsashree portal was suspended on September 29, 2022. The Co-ordinate bench also passed its order even prior in point of time on August 30, 2022 when the Utsashree portal was in vogue.

After considering the rival contentions raised by the learned advocates for the petitioner and the State/respondent nos.1-3 and after considering the materials on record, this Court first proceeds to consider the issue raised at page 18 to the writ petition, as to whether the suspension of Utsashree portal would affect the transfer application submitted by the petitioner. The Utsashree portal was suspended by an Executive decision of the State by way of Notification dated September 29, 2022. Such suspension was extended from time to time by Notifications and ultimately remained suspended till June 30, 2023. The materials available on record clearly show that the Co-ordinate bench passed its order in the previous writ petition on August 30, 2022 to consider the case of the petitioner for transfer which was admittedly prior to the suspension of the Utsashree portal dated September 29, 2022. It further makes evident that the application of the petitioner was made even prior to the said Co-ordinate bench's order, which was much prior to the date of suspension of Utsashree portal. The application was kept pending by the State Executive, for which the petitioner had no latches and shall not suffer. The petitioner's right to claim transfer, thus, on the ground of suspension of Utsashree portal shall not be affected at all in the facts of this case. The petitioner's application can be considered by the respondent no. 2.