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KRISHNA RAO, SUBRATA TALUKDAR
Dipika Bala Biswas – Appellant
Versus
State Of West Bengal – Respondent
ORDER
Krishna Rao, J. - This appeal is directed against the order passed by the Ld. Single Judge in WPA No. 21508 of 2021 dt. 30.12.2021 wherein and where under Ld. Single Judge refused to interfere with the order of transfer issued against the appellant by the Chairman, North 24 Parganas District Primary School Council.
2. It reveals from record that the appellant was initially appointed as Assistant Teacher of Primary School on 25th December, 1998 and she was posted at Barabanglani F.P. School under Bongaon-II Circle, North 24 Parganas District. Subsequently, the appellant was transferred to Chandanpur Free Primary School under Barasat Circle on 22.11.2002. In the year 2011, the appellant was promoted to the post of Head Teacher and was transferred to Barasat M.G.M. G.S. Free Primary School under Barasat West Circle.
3. On 7th October, 2021 the appellant was transferred to Beraberi F.P. Primary/Junior Basic School under Habra Circle. Being aggrieved with the order of transfer, the appellant had preferred a Writ Application being WPA No. 17282 of 2021 and on 8th October, 2021, the Ld. Single Judge had passed an order of stay and directed the DPSC North 24 Parganas to file report spec
The main legal point established in the judgment is that the Chairman did not have the authority to issue the transfer order for the appellant, as per Rule 4 of the West Bengal Primary Education (Tra....
The main legal point established in the judgment is that the power of transfer of teachers is specifically conferred upon the Council under the statute, and any transfer must be in accordance with th....
The Chairperson of the District Primary School Council lacks authority to transfer a teacher in the absence of a constituted Council, violating statutory rules and principles of natural justice.
The employer's discretion in transferring employees and the limited scope of judicial review in transfer matters.
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