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Calcutta High Court · body

2026 DAILYLAW 29631 (CAL)

GONESH LOHAR v. STATE OF WEST BENGAL AND ORS.

WPA/28594/2025 · 2026-07-16

Bivas Pattanayak

body2026

Judgment text

Extracted from the PDF above. The PDF is authoritative.

16.07.2026 Sl. No.26 Ct. No.14 ss IN THE HIGH COURT AT CALCUTTA CONSTITUTIONAL WRIT JURISDICTION APPELLATE SIDE W.P.A. No. 28594 of 2025 Gonesh Lohar Versus The State of West Bengal & Ors. Mr. Shuvro Prokash Lahiri Mr. Rajesh Naskar Mr. Ankan Mondal …for the Petitioner. Mr. Brijendra Pratap Singh Mr. Nripendra Pratap Singh … for the State Mr. Ratul Biswas Mr. Kaushik Chowdhury … for the WBBPE Mr. B. P. Baisya Mr. Suman Dey … for the DPSC, Bankura 1. Affidavit-of-service filed on behalf of the petitioner is taken on record. 2. On the prayer of the learned Advocate for the petitioner leave is granted to implead the District Primary School Council, Bankura, as an added respondent no.7 in the cause-title of the writ petition. 3. By the present writ petition, the petitioner seeks direction upon the respondent authorities to grant intra-District transfer to a school nearby his present place of residence upon consideration of his representation dated 19th September, 2025 on distance ground. 4. The petitioner contends that he joined as an Assistant Teacher in Rudra Primary School on 8th June, 2010. The petitioner’s service has been confirmed with effect from 15th June, 2012. The house of the petitioner is situated 2 about 103 kilometers away from his present place of posting. On 19th September, 2025 the petitioner made a representation before the authority concerned for his transfer on distance ground. However, the said representation is still pending consideration. Hence, this writ petition. 5. Mr. Shuvro Prokash Lahiri, 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 on distance ground, in accordance with law. 6. Mr. Kaushik Chowdhury, learned advocate appearing for the respondent Board submits that the State has already issued Memo being No. 277-SED-13037/159/2024- ELEMN SEC dated 30th June, 2026 notifying that the Utsashree portal has become operative and as such the petitioner ought to file the application through the said portal. 7. To this, Mr. Lahiri, learned advocate appearing for the petitioner submits that the same cannot be accessed and the application has been regretted on the ground of maintenance being undertaken. 8. Mr. Brijendra Pratap Singh, learned advocate representing the State concedes to the fact that due to maintenance of the Utsashree portal, the same is not functional right now. 9. Mr. Baisya, learned Advocate for the District Primary School Council leaves the matter to the discretion of the Court. 3 10. In the above conspectus, added respondent no. 7, District Primary School Council, Bankura is directed to consider the representation of the petitioner dated 19th September, 2025 and dispose of the same, upon giving notice to the petitioner, by passing a reasoned order in accordance with law, within a period of eight weeks from the date of communication of this order. 11. The reasoned order is to be communicated to the petitioner within one week from the date of passing of such order. 12. Learned advocate for the petitioner is directed to communicate this order to the added respondent no.7, the District Primary School Council, Bankura. 13. With the above direction, the writ petition being WPA 28594 of 2025 stands disposed of. 14. Since no affidavits have been called for, the allegation made in the writ petition is deemed to be not admitted. 15. Interim order, if any, stands vacated. 16. All connected applications, if any, stand disposed of. 17. There shall be no order as to costs. 18. All concerned parties shall act in terms of the copy of the order duly downloaded from the official website of this Court. 19. 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.)