Transfer applications for employees with medical conditions must be considered with procedural fairness, including timely medical assessments.

1) Affidavit of service filed on behalf of the petitioner is taken on record.

2) Petitioner is presently working as primary teacher in a school in Cooch Behar and prays for transfer to another school under the jurisdiction of District Primary School Council, Cooch Behar since petitioner is suffering from cardiac disorder. It is submitted by learned advocate representing the petitioner that the petitioner completed five years of confirmed service as primary teacher. An application for transfer was made on 30^th June, 2025 addressed to the Chairperson, District Primary School Council, Cooch Behar being respondent no. 5 but till date it is submitted decision has not been taken in consideration of such transfer application.

3) District Primary school Council, Cooch Behar is represented by learned advocate who appears on virtual mode. State respondents are also represented by learned advocate.

4) Having considered respective submissions made on behalf of the parties, respondent no. 5 is directed to obtain medical report from the concerned Chief Medical Officer of Health/ Medical Board on medical examination of the petitioner by four weeks from date of communication of this order. In the medical report Chief Medical Officer of Health/ Medical Board is required to opine considering nature of ailment of the petitioner whether petitioner is required to avoid long distance journey or not. If medical report justifies transfer of the petitioner, respondent no. 5 shall decide the transfer application within a period of four weeks thereafter by passing a reasoned order. Decision to be taken by respondent no. 5 shall be communicated to the petitioner by fortnight thereafter.

5) Writ petition stands disposed of, without any order as to costs.

6) However, transfer application of the petitioner shall not be rejected on the ground of suspension of Utshasree portal.

7) Urgent photostat certified copy of this order, if applied for, be given to the parties on usual undertaking.