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HIRANMAY BHATTACHARYYA
Arpita Guin – Appellant
Versus
State of West Bengal – Respondent
JUDGMENT :
Hiranmay Bhattacharyya, J.
1. The Chairman, West Bengal Central School Service Commission (for short “SSC”) vide Memo dated 30.03.2016 recommended transfer of Arpita Guin (for short “the teacher”) from Barhra High School (for short “the school”) to Uttar Rabindranagar Vivekananda High School (H.S.) (for short “the transferee school”). Pursuant to the said recommendation, the Administrator of the transferee school issued a letter dated 23.05.2016 appointing the teacher as an Assistant Teacher in the transferee school.
2. WPA 10552 of 2016 (for short “WP-1”) is at the instance of the teacher praying for issuance of a writ of mandamus commanding the School to issue the release order so that the teacher can join the transferee school.
3. WPA 18505 of 2016 (for short “WP-2”) is at the instance of the School praying for issuance of a writ of Mandamus commanding the SCC and its Chairman to rescind, recall and withdraw the Memo dated 30.03.2016.
4. WPA 20005 of 2016 (for short “WP-3”) is at the instance of the teacher praying for a direction upon the Teacher-in-charge of the School to release the arrear salary on and from January, 2016 after regularizing the leave of the teacher and
The transfer order was issued in violation of the statutory rule requiring a no objection certificate from the Head of the institution of the parent school and non-consideration of the effect of the ....
The court determined that a teacher's transfer based on claims of being a 'Victim of Crime' was invalid due to lack of corroborating evidence and the failure to meet statutory requirements under tran....
Transfer policy guidelines do not confer legally enforceable rights unless there is a violation of statutory rules or mala fide.
Statutory authorities must act within defined limits, and regulations do not permit delaying transfers due to non-availability of volunteers for temporary positions.
Statutory authorities must act within their prescribed powers; delaying a transfer due to lack of a willing candidate contradicts established rules.
Transfers of government teachers must comply with established administrative guidelines to ensure fairness and avoid arbitrary decisions.
The requirement of the subject should have precedence in transferring teachers from unaided to aided school. Seniority should only be considered when there are multiple teachers in the subject in whi....
The G.R. on teacher transfers aligns with the RTE Act by maintaining Pupil-Teacher ratios and does not violate statutory rights of teachers.
The court clarified the jurisdictional issue and upheld the application of the transfer rules under the 2008 Act for teachers appointed prior to the introduction of the Act, emphasizing the loss of c....
Ratification from the competent authority is a prerequisite for the validity of transfer orders in public service.
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