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19.12.2025

Sl. No.11(DL)

Ct. No.14

srm IN THE HIGH COURT AT CALCUTTA

CONSTITUTIONAL WRIT JURISDICTION

APPELLATE SIDE

W.P.A. No. 20083 of 2025

Masum Akther

Versus

The State of West Bengal & Ors.

Mr. Somesh Kumar Ghosh,

Mr. Sourojit Mukherjee,

Mr. Sumon Mukherjee

…for the Petitioner.

Mr. Ratul Biswas,

Mr. Kaushik Chowdhury

…for the WBBPE.

Md. Sanwar Jahan,

Sk. Nayeemul Hoque,

Ms. Tapati Sarkar

… for the State.

1. Affidavit-of-service filed on behalf of the petitioner is

taken on record.

2. By the present writ petition, the petitioner seeks

direction upon the respondent Nos.2 to 4 to consider

the representation of the petitioner for transfer, on

medical ground of the spouse and distance, from his

present place of posting, i.e., Chak Beldubi Primary

School, Panchla Circle, District-Howrah to any school

nearest to her residence under Murshidabad District

Primary School Council, within the district of

Murshidabad.

3. The petitioner contends that he is joined is present

place of posting at Chak Beldubi Primary School,

Panchla Circle, District-Howrah as Assistant Teacher

on 27^th July, 2021. The petitioner has completed two

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years of satisfactory service with effect from 27^th July,

2023. The petitioner’s mother is suffering from

diabetes, high blood pressure and thyroid issues. The

petitioner has to travel 240 km. to attend his present

place of posting. On 22nd July, 2025, the petitioner

made a representation before the Secretary, West

Bengal Board of Primary Education, respondent No.4

with a prayer for transfer. However, the same is still

pending with the authority. Hence, this writ petition.

4. Mr. Somesh Kumar Ghosh, learned Advocate

appearing on behalf of the petitioner submits that the

respondent authorities, particularly respondent No.4,

Secretary, West Bengal Board of Primary Education be

directed to consider the representation of the petitioner

within a specified period of time.

5. Mr. Ratul Biswas, learned Advocate appearing on

behalf the respondent no.4, the Secretary, West Bengal

Board of Primary Education, also submits that the

matter be relegated to the appropriate authorities for

taking a decision on the matter.

6. In view of such submissions advanced on behalf of the

respective parties, the respondent No.4, Secretary,

West Bengal Board of Primary Education is directed to

consider and dispose of the representation of the

petitioner dated 22^nd July, 2025, in accordance with

law, within a period of six weeks from the date of

communication of this order.

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7. Petitioner is directed to communicate this order to the

respondent no.4, the Secretary, West Bengal Board of

Primary Education.

8. With the above direction, the writ petition being WPA

20083 of 2025 stands disposed of.

9. Since no affidavits have been called for, the allegation

made in the writ petition is deemed to be not admitted.

10. Interim order, if any, stands vacated.

11. All connected applications, if any, stand disposed of.

12. There shall be no order as to costs.

13. All concerned parties shall act in terms of the copy of

the order duly downloaded from the official website of

this Court.

14. Urgent Photostat certified copy of the order, if applied

for, be given to the parties on compliance of all

necessary legal formalities.

(Bivas Pattanayak, J.)