18.12.2025 Ss IN THE HIGH COURT AT CALCUTTA CONSTITUTIONAL WRIT JURISDICTION APPELLATE SIDE W.P.A. No. 19822 of 2025 Anup Kumar Gayen Versus The State of West Bengal & Ors.

Ms. Priyanka Saha Mr. Suman Mukherjee …for the Petitioner.

Mr. Ratul Biswas Mr. Kaushik Chowdhury … for the WBBPE Mr. Bhaskar Prasad Vaisya Mr. Suman Dey … for the DPSC, Bankura Mr. Saibal Acharyya Mr. Tanweer J. Mondal … for DPSC, Purba Bardhaman

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

2. By the present writ petition, the petitioner seeks for specific direction upon the respondent authorities particularly, respondent nos.2 to 4 to consider the representation of the petitioner for transfer on medical and distance ground from his present place of posting, at Ghagra Freee Primary School under Budbud Circle, District Purba Bardhaman to any school nearest to the residence of the petitioner under Bankura District Primary School Council.

3. The petitioner contends that he is presently posted as Assistant Teacher at Ghagra Freee Primary School under Budbud Circle, District Purba Bardhaman since joining, i.e. on 23^rd July 2021. The petitioner has to transfer 250 kilometres to attend his present place of posting. The wife of the petitioner is suffering from gynaecological ailments and other various physical problems. The petitioner made a representation on 2nd April, 2025 before the Secretary, West Bengal Board of Primary Education, respondent no.4 with a prayer for transfer, which is pending for consideration.

4. Ms. Priyanka Saha, learned Advocate appearing on behalf of the petitioner submits that specific direction be issued upon the respondent no.4, Secretary, West Bengal Board of Primary Education for consideration of the representation of the petitioner within a specified period of time.

5. Mr. Ratul Biswas, learned Advocate appearing on behalf the West Bengal Board of Primary Education submits that the matter be relegated to the appropriate authorities for taking a decision on the matter.

6. Mr. Suman Dey, learned Advocate appearing on behalf of the DPSC, Bankura and Mr. Saibal Acharyya, learned Advocate for the DPSC, Purba Bardhaman submit in the similar fashion.

7. In view of such submissions advanced on behalf of the respective parties, the respondent No.4, the Secretary, West Bengal Board of Primary Education is directed to consider and dispose of the representation of the petitioner dated 2nd April, 2025, in accordance with law, within a period of six weeks from the date of communication of this order, 8. Petitioner is directed to communicate this order to the respondent no.4, the Secretary, West Bengal Board of Primary Education.

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

19822 of 2025 stands disposed of.

10. Since no affidavits have been called for, the allegation made in the writ petition is deemed to be not admitted.

11. Interim order, if any, stands vacated.

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

13. There shall be no order as to costs.

14. All concerned parties shall act in terms of the copy of the order duly downloaded from the official website of this Court.

15. 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.)