PRASANTA KUMAR PAL v. THE STATE OF WEST BENGAL AND ORS
WPA/1785/2026 · 2026-09-28
Suvra Ghosh
body2026
DailyLaw.ai
[ 2026 DAILYLAW 43935 (CAL) · dailylaw.ai ]
DailyLaw.ai
[ 2026 DAILYLAW 43935 (CAL) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
6 28.09.2026 jb jdt.
IN THE HIGH COURT AT CALCUTTA Circuit Bench at Jalpaiguri Constitutional Writ Jurisdiction
WPA 1785 of 2026
(Prasanta Kumar Pal vs. State of West Bengal & Ors.)
Mr. Subinay Dey Mr. Debanjan Das Ms. Sukanya Bhaumik Ms. Supriya Ray … For the Petitioner Mr. Arijit Ghosh Mrs. Rajni Singh Dev … For the State
Affidavit of service filed by the petitioner and the report submitted by the State are taken on record. The petitioner was appointed as a contractual Group C employee at Rampur Circle Level Resource Centre (CLRC) vide letter of engagement issued by the District Project Officer, Sarva Shiksha Mission, Coochbehar on 16th October, 2014. He joined the said post on 27th October, 2014 (afternoon). By an office order dated 29th January, 2016, he was assigned additional charge at Pundibari CLRC and thereafter taken back to Rampur CLRC by a letter issued on 16th July, 2018. He was again transferred to Pundibari CLRC by office order dated 8th July,
2021. Learned counsel for the petitioner submits that
2 the petitioner’s son aged about 6 years is suffering from autism and has been declared 70% disabled in so far as Autism Spectrum Disorder is concerned and 50% disabled in so far as Intellectual Disability is concerned. The petitioner submitted a representation before the concerned authority seeking continuance of his engagement in Pundibari CLRC on 29th June, 2026 which is yet to be considered. The petitioner seeks compassionate consideration of the same in view of the health condition of his minor son.
Learned counsel for the State submits that the appointment of the petitioner is contractual in nature and is not guided by the West Bengal Service Rules. There is no approved transfer policy formulated by the Samagra Siksha Mission and as such, the petitioner is not entitled to seek transfer. It is not in dispute that the appointment of the petitioner is contractual in nature. However, since the authority has transferred him from Rampur CLRC to Pundibari CLRC, retransferred him to Rampur and thereafter sent him to Pundibari again, it is not known under which policy such transfers were effected since according to the authority, there is no transfer policy formulated by the authority. Since the representation submitted by the petitioner in this regard is pending, the District Education Officer, Paschim Banga Samagra Shiksha
3 Mission, Coochbehar, being the 4th respondent herein, is directed to consider and dispose of the same within four weeks from the date of communication of this
order upon granting reasonable opportunity of hearing to all concerned including the petitioner and upon sympathetic
consideration of the medical ground of the petitioner’s son. The petitioner is at liberty to produce relevant documents before the authority in support of his contention at the time of hearing. The decision taken by the authority shall be communicated to the parties within a week thereof. The writ petition is disposed of. There shall be no order as to costs. Since no affidavit has been invited, allegations contained in the writ petition shall be deemed not to have been admitted. Urgent certified website copy of the order, if applied for, be given to the parties on compliance of requisite formalities. (Suvra Ghosh, J)