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2025 Supreme(Online)(Cal) 3228
CALCUTTA HIGH COURT
Saugata Bhattacharyya, J
Tarakeswar Dolai – Appellant
Versus
The State of West Bengal – Respondent
W.P.A. 9955 of 2025
For the Appellants/Petitioners: Mr. Ujjal Roy, Ms. Arpa Chakraborty, Ms. Monishikha Mondal, Mr. Binit Kumar
For the Respondents: Mr. Moniruzzaman, Ms. Tanima Sengupta, Mr. Sunit Kumar Roy
Court mandates medical assessment to determine grounds for transfer in employment context.
Headnote:The court examined the petitioner's request for a transfer based on the health condition of the petitioner's daughter, referencing the application lodged on Utsashree Portal. The court mandated a medical report from the Chief Medical Officer to assess the daughter's current health status and determine the necessity for a transfer. The ruling establishes a timeline for the examination and decision-making process, ensuring that procedural delays do not hinder the petitioner's application.
| Table of Content |
|---|
| 1. transfer application based on medical grounds (Para 1 , 2 , 3) |
| 2. mandatory medical report assessment (Para 4 , 5) |
| 3. writ petition disposed of with clear direction (Para 6 , 7) |
1 . Matter is heard in presence of the learned advocates representing the petitioner, State respondents and West Bengal Central School Service Commission.
2. Petitioner applied for transfer since daughter of the petitioner was suffering from ailments. Prayer is made for giving direction upon the concerned respondent authorities to take steps based on transfer application which was made on Utsashree Portal on 2nd February, 2022.
3. Learned advocates representing the respondents have submitted that daughter of the petitioner was medically examined in 2022. Therefore, present health condition of the daughter of the petitioner needs to be ascertained on medical examination. It is submitted by this time health condition of the daughter of the petitioner may have improved due to constant care and treatment.
4. Having considered the respective submissions made on behalf of the parties, District Inspector of Schools (SE) Jhargram being respondent no. 9 is directed to obtain medical report from the concerned Chief Medical Officer of Health/Medical Board by 4 (four) weeks from the date of communication of this order on medical examination of the daughter of the petitioner. Chief Medical Officer of Health/Medical Board is required to opine in the medical report taking note of the present health condition of the daughter of the petitioner whether she requires constant care and treatment or not. If medical report justifies transfer of the petitioner respondent no. 9 is directed to forward transfer application along with medical report to the Chairman, West Bengal Central School Service Commission being respondent no. 2 by fortnight thereafter. On receipt of transfer application respondent no. 2 is directed to take decision by 4 (four) weeks thereafter.
5. Decision to be taken by the respondent no. 2 shall be communicated to the petitioner by fortnight thereafter.
6. It is made clear that suspension of portal shall not be a ground to reject transfer application of the petitioner.
7. Writ petition stands disposed of.
