In The High Court At Calcutta CIRCUIT BENCH AT JALPAIGURI Constitutional Writ Jurisdiction Appellate Side Present:

The Hon’ble Justice Shampa Dutt (Paul)

WPA 500 of 2025 Rupak Bhowal & Anr.

Vs.

The High Court Administration & Ors.

For the Petitioners : Mr. Dibyendu Chatterjee (V/C)

Ms. Reshmi Ghosh (V/C)

Mr. Deborshi Dhar, Ms. Taniya Bhowmik, Ms. P. Mukherjee.

For the Respondent No. 1 : Mr. Bikramaditya Ghosh.

For the Respondent Nos. 2 & 4 : Mr. Hirak Barman, Mr. Bikash Singha.

For the Respondent No. 3 : Mr. Momenur Rahman, Mr. Pradip Sarkar.

Judgment reserved on : 27.02.2026 Judgment delivered on : 05.03.2026 SHAMPA DUTT (PAUL), J. :

1. Statements as called for is placed by the learned counsels representing the learned District Judge, Jalpaiguri and the learned District Judge, Alipurduar.

2. The writ application has been preferred praying for cancellation of the Office Order No. 99(M) dated 28th April, 2023, Order No. 22 dated 3rd June, 2023 and Office Order No. 35/G dated 6th January, 2025 passed by the learned District Judge, Jalpaiguri.

3. The petitioner has further prayed for direction upon the respondent no. 2 to act in terms of the order No. 320/G dated 6th February, 2023 and transfer the petitioners with immediate effect to the Alipurduar Judgeship and for direction upon the learned District Judge, Alipurduar to place the names of the present petitioners in the Alipurduar gradation list.

4. On hearing the learned counsels for the petitioners and on perusal of the materials on record, it appears that the petitioners herein were appointed as Stenographers (Group-B) in the office of the District Judge, Jalpaiguri on 18^th March, 2019.

5. On the bifurcation of the judiciary of Alipurduar from Jalpaiguri District Session Division, the petitioners as per order no. 320/G dated 9^th February, 2023 passed by the learned District Judge Jalpaiguri, which called for option(s) from all cadres of staff of the Judgeship of Jalpaiguri for transfer/deployment to the Judgeship of Alipurduar from Jalpaiguri or vice versa, duly exercised their options for Alipurduar from Jalpaiguri.

6. The petitioners exercised their option being residents of Alipurduar District by way of an application dated 14^th February, 2023 and 10^th February, 2023 respectively.

7. Vide an Office Order No. 99(M) dated 28^th April, 2023, the learned District Judge, Jalpaiguri decided to keep the optional transfer provision in abeyance, on stating that the purpose was to get a clear picture of the actual vacancy position in Jalpaiguri Judiciary and Alipurduar Judiciary.

8. The learned District Judge being the respondent no. 2 herein, then issued a memo no. 1207/G dated 18^th May 2023, enclosing a draft copy of the Gradation List of English Stenographers of the Judgeship of Jalpaiguri (Sadar) and the English Stenographers were asked to record their ‘no objection’/ ‘objection’ alongside the name.

9. The petitioners then claimed their seniority in the gradation list of Alipurduar Judgeship as they had already opted for transfer to Alipurduar Judgeship.

10. The petitioners thus submit that the order of keeping the matter in abeyance is not in accordance with law and have thus prayed for setting aside of the said order of abeyance dated 28^th April, 2023.

11. It is further stated by the petitioners that vide the impugned order dated 3rd June, 2023, some of the other staffs, of other categories, were given the benefit of transfer, in terms of office order dated 9^th February, 2023.

12. The learned District Judge then issued another order being no.

No. 147-A(M) dated 9th June, 2023 once again referring to the bifurcation Notification dated 24th April, 2023 and also the Gradation List prepared on 19th May, 2023 and noted that the petitioners had opted for their transfer to the Alipurduar Judgeship.

13. It is further stated that the District Judge, Jalpaiguri in the said order then requested the District Judge, Alipurduar to place the names of the petitioners herein in the draft gradation list of the English