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2026 DAILYLAW 42713 (CAL)

DEBASIS DALAI v. STATE OF WEST BENGAL AND ORS.

WPA/13447/2026 · 2026-09-17

Bivas Pattanayak

body2026

Judgment text

Extracted from the PDF above. The PDF is authoritative.

17.09.2026 Sl. No.36 Ct. No.14 gd IN THE HIGH COURT AT CALCUTTA CONSTITUTIONAL WRIT JURISDICTION APPELLATE SIDE WPA/13447/2026 Debasis Dalai VS The State of West Bengal and Ors. Mr. Santanu Maji Mr. Subhayu Das Ms. Debrani Mondal Mr. Chandan Das …for the Petitioner. Mr. Lokenath Chatterjee Ms. Sneha Chatterjee …for the State. Mr. Ratul Biswas Mr. Kaushik Chowdhury …for the WBBPE. Mr. Madhu Jana Mr. Probodh Chakraborty …for DPSC, Howrah. 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 Paschim Medinipur to a school in the District of Howrah on distance ground. 3. The petitioner contends that initially he joined as an Assistant Teacher in Karsa Primary School on 28th January, 2006. The petitioner has been confirmed in service with effect from 28th January, 2008. Subsequent thereto, the petitioner has been transferred to the present school, namely, Dori Chaipat Primary School, Village-Dori Ajodhya, Post Office- Dori Ajodhya, Police Station-Daspur, District- Paschim Medinipur where the petitioner joined on 18th May, 2010. The petitioner’s house is situated about 103 Kilometers away from his present place of posting. On 18th May, 2026 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. 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 his transfer on distance ground, in accordance with law. 5. Learned Advocates for the Board, State and the 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. Maji, 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 transfer. In the event, the petitioner is unable to submit such application through Utsashree portal, the respondent no.4, the Secretary, West Bengal Board of Primary Education is directed to consider the representation of the petitioner dated 18th May, 2026 2 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. Learned advocate for the petitioner is directed to communicate this order to the respondent no.4, the Secretary, West Bengal Board of Primary Education. 10. With the above direction, the writ petition being WPA 13447 of 2026 stands disposed of. 11. Since no affidavits have been called for, the allegation made in the writ petition is deemed to be not admitted. 12. Interim order, if any, stands vacated. 13. All connected applications, if any, stand disposed of. 14. There shall be no order as to costs. 15. All concerned parties shall act in terms of the copy of the order duly downloaded from the official website of this Court. 16. 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