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Calcutta High Court · body

2025 DAILYLAW 50011 (CAL)

TARAPADA BAURI v. THE STATE OF WEST BENGAL AND ORS.

WPA/30547/2024 · 2025-01-09

Saugata Bhattacharyya

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Judgment text

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9 0099..0011..22002255 Ct. No. 18 adeb W.P.A. 30547 of 2024 Tarapada Bauri Vs. The State of West Bengal & Ors. Mr. Tarapada Das Ms. Janaki Khan …for the Petitioner Mr. Sunit Kumar Roy …for the SSC Ms. Koyeli Bhattacharyya Mr. Bibek Dutta Ms. Keya Panja …for the WBBSE Mr. Arindam Chattopadhyay Ms. Lipika Chatterjee …for the State Affidavit of service filed on behalf of the petitioner is taken on record. By presenting this writ petition, inter alia, petitioner has prayed for transfer on medical ground based on an offline application dated 18th November, 2024. In the application for transfer no specific ailment has been indicated excepting it is stated that acute physical problem. In support of the case made out in this writ petition one prescription dated 20th June, 2023 is relied upon which is at page 20 of the writ petition wherefrom it is not discernable whether petitioner is suffering from disease as delineated in the transfer rules or not. Moreover this prescription was issued on 20th June, 2023 whereas application for transfer was made 2 offline on 18th November, 2024, after a period of one year which goes to show that there is no medical emergency requiring consideration of petitioner’s transfer application made offline when portal is suspended. Moreover, petitioner is a Group-D staff in a school from 28th September, 1999 and he could make application for transfer on designated portal during the period when portal was kept alive. Therefore, this Court does not find any situation so far present case is concerned requiring direction upon the concerned respondent authorities to decide transfer application of the petitioner made offline as a special case. Hence, writ petition stands dismissed. However, this order shall not preclude the petitioner to make application for transfer in accordance with law in future, if situation so arises. Urgent photostat certified copy of the order, if applied for, be given to the parties, upon usual undertakings. (Saugata Bhattacharyya, J.)