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2026 DAILYLAW 569 (CAL)

PIYA DAS v. STATE OF WEST BENGAL AND ORS.

WPA/1420/2025 · 2026-03-19

Bivas Pattanayak

Transfer Petitionbody2026

Judgment text

Extracted from the PDF above. The PDF is authoritative.

19.03.2026 Sl. No.17 Ct. No.14 ss IN THE HIGH COURT AT CALCUTTA CONSTITUTIONAL WRIT JURISDICTION APPELLATE SIDE , W.P.A. No. 1420 of 2025 Piya Das Versus The State of West Bengal & Ors. Mr. Biswajit Tiwari …for the Petitioner. Mr. Avishek Prasad …for the DPSC, Malda. Mr. Arindam Chattopadhyay Ms. Lipika Chatterjee …. for the State 1. Affidavit-of-service filed on behalf of the petitioner is taken on record. 2. By the present writ petition, the petitioner seeks for direction upon the respondent authority to grant her intra district transfer to any school nearby her residence under English Bazar (urban) Circle, District Malda upon considering the representation dated 6th January, 2025. 3. The petitioner contends that she joined as an Assistant Teacher in Niroil Gopal Nagar Primary School under Habibpur Circle District Malda on 14th February, 2017. The petitioner has been confirmed in service with effect from 14th February, 2019. The petitioner has also completed five years of service. The petitioner’s minor daughter is suffering from Immune Thrombocytopenic Purpura/Relapsed Immune Thrombocytopenia-ITP with deficiency of platelets in her body for which she 2 had to be taken to Hyderabad for better medical treatment. The petitioner’s residence is situated about 32 kilometers away from her present place of posting. On 6th January, 2025 the petitioner made a representation for her transfer before the Chairman, District Primary School Council, Malda, respondent no.5. However, the same is still pending consideration. Hence, this writ petition. 4. Mr. Biswajit Tiwari, learned Advocate appearing on behalf of the petitioner submits that the matter may be relegated to the Chairman, District Primary School Council, Malda, respondent no.5 to consider the representation of the petitioner dated 6th January, 2025. 5. Mr. Avishek Prasad, learned Advocate appearing on behalf of the District Primary School Council, Malda leaves the matter to the discretion of this Court. 6. In view of the submissions advanced on behalf of the respective parties, the respondent No.5, the Chairman, District Primary School Council, Malda is directed to consider the representation of the petitioner dated 6th January, 2025 and dispose of the same by passing a reasoned order, in accordance with law, upon notice to the petitioner, within a period of ten weeks from the date of communication of this order subject to production of the relevant medical documents. 3 7. The reasoned order is to be communicated to the petitioner within one week from the date of passing of such order. 8. Learned advocate for the petitioner is directed to communicate this order to the respondent no.5, the Chairman, District Primary School Council, Malda. 9. With the above direction, the writ petition being WPA 1420 of 2025 stands disposed of. 10. Since no affidavits have been called for, the allegation made in the writ petition is deemed to be not admitted. 11. Interim order, if any, stands vacated. 12. All connected applications, if any, stand disposed of. 13. There shall be no order as to costs. 14. All concerned parties shall act in terms of the copy of the order duly downloaded from the official website of this Court. 15. 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.)