BIPLAB MAHATA v. THE STATE OF WEST BENGAL AND ORS.
WPA/5344/2026 · 2026-04-30
Bivas Pattanayak
body2026
DailyLaw.ai
[ 2026 DAILYLAW 12950 (CAL) · dailylaw.ai ]
DailyLaw.ai
[ 2026 DAILYLAW 12950 (CAL) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
30.04.2026 Sl. No.14 Ct. No.14 ss IN THE HIGH COURT AT CALCUTTA CONSTITUTIONAL WRIT JURISDICTION APPELLATE SIDE
W.P.A. No. 5344 of 2026
Biplab Mahata Versus The State of West Bengal & Ors. Mr. Atreya Chakraborty
…for the Petitioner. Mr. B.P. Vaisya
Mr. Gourav Das
… for the DPSC, South 24-Parganas
Mr. B. P. Vaisya
Mr. Suman Dey
… for the DPSC, Bankura
Mr. Arunava Maiti
Ms. Sanchayita De
… for the State
Mr. Ratul Biswas
Mr. Kaushik Chowdhury
… for the WBBPE
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 authorities to grant inter-District transfer to the petitioner from his present place of posting in the District of South 24-Parganas to a school in the District of Bankura. 3. The petitioner contends that he joined as an Assistant Teacher in Khorda Mahadebpur Free Primary School, under Mandirbazazr Circle District South 24-Parganas on 19th July, 2021. The petitioner’s service has been
2 confirmed with effect from 19th July, 2023. The petitioner’s wife is suffering from serious gynaecological disorder more specifically Bulky ovaries with sonographic polycystic pattern with a haemorrhagic cyst and other disorders. The house of the petitioner is situated about 600 kilometers away from his present place of posting. The petitioner is the surplus teacher in this school. On 6th February, 2026 the petitioner made a representation before the authority concerned for his transfer. However, the said representation is still pending consideration. Hence, this writ petition. 4. Mr. Atreya Chakraborty, learned Advocate appearing on behalf of the petitioner submits that the matter may be relegated to the appropriate authority for consideration of the representation of the petitioner for his transfer, in accordance with law. 5. Learned Advocates appearing on behalf of the West Bengal Board of Primary Education as well as respective District Primary School Councils and State leave the matter to the discretion of the Court. 6.
In view of the submissions advanced on behalf of the respective parties, the respondent No.4, the Secretary, West Bengal Board of Primary Education, is directed to consider the representation of the petitioner dated 6th February, 2026 and dispose of the same by passing a reasoned order, in accordance with law, upon notice to
3 the petitioner, subject to production of medical documents, within a period of eight weeks from the date of communication of this order. 7. The reasoned order is to be communicated to the petitioner within one week from the date of passing of such order. 8. Learned advocate for the 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 5344 of 2026 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.)