Extracted from the PDF above. The PDF is authoritative.
110 29.09.2026 Ct. No.6 b.das
IN THE HIGH COURT AT CALCUTTA Circuit Bench at Jalpaiguri Constitutional Writ Jurisdiction
WPA No. 2151 of 2026
Mehebub Alam
Vs.
The State of W.B. & Ors.
Mr. Bikash Singha…for the petitioner.
Ms. Radhika Agarwal …for the State.
Mr. Sourav Ganguly
Ms. Rishita Chakraborty…for respondent no.5.
Affidavit of service and supplementary affidavit submitted by the petitioner are taken on record.
Learned counsel for the petitioner submits that the petitioner was appointed as an Assistant Primary School Teacher in Noldobrapar New Primary School Council, Jalpaiguri under Dhupguri-III Circle by virtue of an appointment letter issued on 27th July, 2010 and is engaged in continuous unblemished service since then. The District Primary School Council vide memo dated 26th February, 2016 issued a letter for temporary local arrangement wherein the petitioner was directed to join Kebalpara Junior District Primary School under Rajganj Circle on a purely temporary basis until further orders. The petitioner joined the said school on 2nd March, 2016.
2 The Chairman, District Primary School Council issued a memo on 17th September, 2026 directing the Sub Inspector of schools, all Circles, Jalpaiguri to inform all concerned that all the orders of temporary transfer of primary school teachers issued by the Council or any other competent authority were withdrawn and stood cancelled with immediate effect. The teachers were directed to rejoin their original place of posting within 30th September, 2026 failing which appropriate steps were directed to be taken. The petitioner seeks to continue at his present place of posting on medical and other grounds and submitted representations in this regard before the concerned authority on 30th July, 2025 and 5th August, 2026 which are yet to be considered. The petitioner seeks consideration of the same.
Learned counsel for the District Primary School Council, Jalpaiguri submits that arrangement for transfer was made on a purely temporary basis which is sought to be made permanent by the petitioner. Upon consideration of the submission made on behalf of the parties, this Court is inclined to hold that since the representations submitted by the petitioner before the concerned authority ventilating his grievance are pending, the Chairman, District
3 Primary School Council, Jalpaiguri, being the 5th respondent herein, is directed to consider and dispose of the same within two weeks from the date of communication of this order upon granting reasonable opportunity of hearing to all concerned including the petitioner in accordance with law. The decision taken by the authority shall be communicated to the petitioner within a week thereof. Pending disposal of the representations, the memo dated 17th September, 2026 issued by the Chairman, District Primary School Council, Jalpaiguri insofar as the petitioner is concerned be stayed. No fruitful purpose shall be served in keeping the writ petition pending. The same is accordingly
disposed of. There shall, however, be no order as to costs. Since no affidavit is invited, the allegations contained in the petition are deemed not to have been admitted. Urgent certified website copy of this order, if applied for, be supplied to the parties upon compliance with all requisite formalities.
(Suvra Ghosh, J.)