IN THE HIGH COURT AT CALCUTTA CIRCUIT BENCH AT JALPAIGURI CONSTITUTIONAL WRIT JURISDICTION 30.09.2026 rc/ct.no.CB-06 Item No.27 WPA No. 2282 of 2026 Biplab Mondal Versus The State of West Bengal & Ors. Adv. Rabisankar Chatterjee Adv. Gobinda Ch. Roy Adv. Riya Dey ..for the petitioner Adv. Kunaljit Bhattacharyee Adv. Manisha Dutta ….for the State Affidavit of service filed by the petitioner is taken on record. The Panchayat is not represented despite service. Learned counsel for the petitioner submits that the petitioner is a Panchayat Karmee and was initially posted in Mandalghat Gram Panchayat. By a notification issued by the District Magistrate and the Executive Officer, Jalpaiguri on July 08, 2026 several employees including the petitioner were transferred from one Panchayat to another, the petitioner being transferred to Magurmari-I Gram Panchayat. The petitioner has joined the said Panchayat. He has assailed the memo of transfer on the ground that it is in violation of Sub-Rule (5) of Rule 52 of the West Bengal Panchayat (Gram Panchayat Administration) Rules, 2004. The petitioner submitted representations in this regard before the concerned authority which 2 were not considered. The petitioner seeks consideration of the representations and transfer to the original Panchayat or any other Panchayat within the area of the Panchayat Samiti. Sub-Rule (5) of Rule 52 of the 2004 Rule envisages that “The Gram Panchayat Karmees may be transferred by the Executive Officer of the Panchayat Samiti having jurisdiction within the areas of the Panchayat Samiti after every five years or before that on the ground of administrative expediency and the other employees of a Gram Panchayat may be transferred within the concerned district by the Executive Officer of Zilla Parishad or Mahakuma Parishad…….” The petitioner is admittedly a Panchayat Karmee under the Panchayat. In terms of Sub-Rule (5) of Rule 52 of the 2004 Rule, the Executive Officer of the Panchayat Samiti was empowered to transfer the petitioner within the area of the Panchayat Samiti and not beyond. It appears that the Magurmari-I Gram Panchayat is under the Dupguri Panchayat Samiti whereas Mandalghat Gram Panchayat is under Sadar Panchayat Samiti. Since the representations submitted by the petitioner are pending before the concerned authority, the Executive Officer, Sadar Panchayat Samity, being the 4th respondent herein, is directed to consider and 3 dispose of the same within four weeks from the date of communication of this order in the light of Sub-Rule (5) of Rule 52 of the 2004 Rules, upon granting reasonable opportunity of hearing to the petitioner, in accordance with law. The decision taken by the authority shall be communicated to the petitioner within a week thereof. Consequential steps shall also be taken by the said authority upon disposal of the representations, at the earliest. The writ petition is disposed of. There shall, however, be no order as to costs. Since no affidavit is invited, the allegations contained in the writ 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)