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2026 DAILYLAW 19829 (CAL)

NIRMALYA SAHA v. STATE OF WEST BENGAL AND ORS.

WPA/24796/2025 · 2026-05-14

Bivas Pattanayak

body2026

Judgment text

Extracted from the PDF above. The PDF is authoritative.

14.05.2026 Sl. No.43 Ct. No.14 gd IN THE HIGH COURT AT CALCUTTA CONSTITUTIONAL WRIT JURISDICTION APPELLATE SIDE WPA/24796/2025 NIRMALYA SAHA VS STATE OF WEST BENGAL AND ORS. Mr. Sudip Ghosh Chowdhury Ms. Pritha Biswas Ms. Upasana Sarkar …for the Petitioner. Ms. Iti Dutta …for DPSC, Dakshin Dinajpur. 1. Affidavit of service filed by the petitioner is taken on record. 2. By the present writ petition the petitioner seeks direction upon the respondent authorities to grant intra district transfer to a school nearby his residence on distance ground. 3. The petitioner contends that he joined as an Assistant Teacher in Deul Free Primary School, P.O.-Manikore, District- Dakshin Dinajpur on 25th February, 2011. The petitioner has been confirmed in service with effect from 25th February, 2013. The petitioner’s house is situated 75 Kilometers away from his present place of posting. On 8th September, 2025 the petitioner made a representation before the authority concerned seeking transfer on distance ground. However, the same is still pending consideration. Hence this writ petition. 4. Mr. Sudip Ghosh Chowdhury, learned advocate appearing for the petitioner submits that the matter may be relegated to the appropriate authority for consideration of the representation of the petitioner for her transfer in accordance with law. 5. Ms. Iti Dutta, learned advocate appearing for District Primary School Council, Dakshin Dinajpur concedes to the said submissions. 6. In view of the submissions advanced on behalf of the respective parties, District Primary School Council, Dakshin Dinajpur is directed to consider the representation of the petitioner dated 8th September, 2025 and dispose of the same by passing a reasoned order in accordance with law upon notice to the petitioner within a period of eight weeks from the date of communication of this order. 7. The reasoned order shall be communicated to the petitioner within one week from passing thereof. 8. Learned advocate for the petitioner is directed to communicate this order to District Primary School Council, Dakshin Dinajpur, for necessary compliance alongwith a copy of representation dated 8th September, 2025. 9. With the aforesaid directions, the writ petition being WPA 24796 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. 2 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.) 3