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Calcutta High Court · body

2026 DAILYLAW 33720 (CAL)

SUSHAMA SIKDAR v. STATE OF WEST BENGAL AND ORS.

WPA/9709/2026 · 2026-08-13

Bivas Pattanayak

body2026

Judgment text

Extracted from the PDF above. The PDF is authoritative.

13.08.2026 Sl. No.37 Ct. No.14 gd IN THE HIGH COURT AT CALCUTTA CONSTITUTIONAL WRIT JURISDICTION APPELLATE SIDE W.P.A. No. 9709 of 2026 Sushama Sikdar Versus The State of West Bengal & Ors. Mr. Ratul Biswas Mr. Sourojit Mukherjee …for the Petitioner. Mr. Brijendra Pratap Singh Mr. Asit Kumar De …for the State. Mr. Suman Dey …for the DPSC, Bankura. 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 intra-District transfer to a school nearby her present place of residence upon consideration of his representation dated 16th March, 2026 on self-medical ground as well as distance ground. 3. The petitioner contends that she joined as an Assistant Teacher in Modarchak Primary School under Circle- Mejia, District Bankura on 17th February, 2017. The petitioner is confirmed in service with effect from 11th February, 2019. The petitioner is suffering from acute respiratory ailments which is being aggravated due to her posting in the present school which is very close to a colliery belt. The petitioner’s house is situated about 52 Kilometers from her present place of posting. The petitioner on several occasions submitted representations before the authority concerned seeking transfer on such medical ground which has not been considered. Ultimately on 16th March, 2026 once again the petitioner made a representation before the authority concerned for her transfer on self-medical ground. However, the said representation is still pending consideration. Hence, this writ petition. 4. Mr. Ratul Biswas, learned advocate appearing on behalf of the petitioner submits that the medical condition of the petitioner is very serious inasmuch as she is suffering from acute respiratory ailments and her posting nearby the colliery belt is day by day aggravating her medical condition. He seeks that the matter may be relegated to the appropriate authority for consideration of the representation of the petitioner for her transfer as expeditiously as possible. 5. Learned advocates for the State and District Primary School Council submit that the Utsashree portal is presently functional and the petitioner should file such application seeking transfer through Utsashree portal under the existing rules. 6. To this, Mr. Biswas, learned advocate appearing for the petitioner submits that the Utsashree portal is not functional as yet. 7. In view of the above, liberty is granted to the petitioner to file application through Utsashree portal seeking 2 transfer. In the event, the petitioner is unable to submit such application through Utsashree portal, the respondent no.4, the Chairman, District Primary School Council, Bankura is directed to consider the representation of the petitioner dated 16th March, 2026 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. 8. The reasoned order is to be communicated to the petitioner within one week from the date of passing of such order. 9. Respondent no.4, shall be at liberty to seek for medical examination of the petitioner prior to consideration of her representation. 10. Learned advocate for the petitioner is directed to communicate this order to the respondent no.4, the Chairman, District Primary School Council, Bankura. 11. With the above direction, the writ petition being WPA 9709 of 2026 stands disposed of. 12. Since no affidavits have been called for, the allegation made in the writ petition is deemed to be not admitted. 13. Interim order, if any, stands vacated. 14. All connected applications, if any, stand disposed of. 15. There shall be no order as to costs. 16. All concerned parties shall act in terms of the copy of the order duly downloaded from the official website of this Court. 3 17. 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.) 4