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Calcutta High Court · body

2026 DAILYLAW 29924 (CAL)

MOUSUMI PAUL v. STATE OF WEST BENGAL AND ORS.

WPA/28683/2025 · 2026-07-16

Bivas Pattanayak

body2026

Judgment text

Extracted from the PDF above. The PDF is authoritative.

16.07.2026 Sl. No.29 Ct. No.14 ss IN THE HIGH COURT AT CALCUTTA CONSTITUTIONAL WRIT JURISDICTION APPELLATE SIDE W.P.A. No. 28683 of 2025 Mousumi Paul Versus The State of West Bengal & Ors. Mr. Santanu Maji Ms. Debrani Mondal …for the Petitioner. Mr. Ratul Biswas, Mr. Kaushik Chowdhury, …for the WBBPE. Mr. Brijendra Pratap Singh Mr. Asit Kumar De …for the State. Mr. Gourav Das … for the DPSC, South 24-Parganas 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 her present place of posting in the District of South 24-Parganas to a school in the District of North 24-Parganas on self medical ground. 3. The petitioner contends that she joined as an Assistant Teacher in Shibnagar Rohini F.P. School, Village Banashyamnagar, Police Station Patharpratima, District South 24-Parganas on 20th July, 2021. The petitioner is confirmed in service with effect from 19th July, 2023. The petitioner is suffering from various gynaecological problems namely, PCOD and also is suffering from mild reduction of disc space in L4-L5 2 and L5-S1 vertebrae. The house of the petitioner is situated about 133 kilometers away from her present place of posting. On 18th March, 2025 the petitioner made a representation before the authority concerned for her transfer. However, the said representation is still pending consideration. Hence, this writ petition. 4. Mr. Santanu Maji, 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 her transfer on medical ground, in accordance with law. 5. 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. 6. To this, Mr. Maji, 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. 7. Mr. Brijendra Pratap Singh, learned advocate representing the State concedes to the fact due to maintenance of the Utsashree portal, the same is not functional right now. 8. Mr. Gourav Das, learned advocate for District Primary School Council, South 24-Parganas leaves the matter to the discretion of the Court. 3 9. In the above conspectus, respondent no.4, the Secretary, West Bengal Board of Primary Education is directed to consider the representation of the petitioner dated 8th July, 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. 10. The reasoned order is to be communicated to the petitioner within one week from the date of passing of such order. 11. The respondent No.4, the Secretary, West Bengal Board of Primary Education shall be at liberty to seek for medical examination of the petitioner before considering the representation of the petitioner. 12. Learned advocate for the petitioner is directed to communicate this order to the respondent no.4, the Secretary, West Bengal Board of Primary Education. 13. With the above direction, the writ petition being WPA 28683 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. 4 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.)