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  5. August

Shyam Bagdi vs. State of West Bengal and Ors.

Decided on 30 August 2024• Citation: WPA/19743/2024• Calcutta High Court
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                 30.08.2024.                                                        
                    PB                                                              
                 Sl. No.67.                                                         
                 Ct. No.14.                                                         
                                         In The High Court At Calcutta              
                                         Constitution Writ Jurisdiction             
                                               Appellate Side                       
                                              WPA 19743 of 2024                     
                                                 Shyam Bagdi                        
                                                     Vs                             
                                         The State of West Bengal & Ors.            
                                Mr. Sudipta Dasgupta.                               
                                Mr. Sondwip Sutradhar.                              
                                               ……for the petitioner.                
                                Mr. Saibal Acharyya,                                
                                Mr. Tanweer J. Mandal.                              
                                               ……for the DPSC.                      
                                Mr. Debajyoti Datta,                                
                                Ms. Rituparna Ghosh.                                
                                               ….for the State.                     
                                Mr. Anath Nath Naskar,                              
                                Mr. Sutirtha Nayek.                                 
                                               …..for the proforma respondent.      
                                     Affidavit-of-service filed in Court today is taken
                                on record.                                          
                                     The petitioner and the private respondent      
                                applied for mutual transfer. Their application is   
                                pending consideration at the end of the Chairman,   
                                District Primary School Council, Purba Bardhaman.   
                                     Without going into the merits of the application,
                                the instant writ petition is disposed of by directing the
                                Chairman, District Primary School Council, Purba    

                                                      2                             
                                Bardhaman  to consider the said application in      
                                accordance with law, at the earliest, but positively
                                within a period of 90  days from the  date of       
                                communication of this order. A reasoned order shall 
                                be passed  and communicated  to the petitioner      
                                immediately thereafter.                             
                                     As the teachers have already put in more than  
                                two years of service, accordingly, the Council will not
                                insist upon production of the letter of confirmation at
                                the time of consideration of the application seeking
                                transfer.                                           
                                     Learned advocate for the petitioner is directed to
                                forward a copy of the application seeking transfer to
                                the  aforesaid respondent  at  the  time   of       
                                communication of this order.                        
                                     The writ petition stands disposed of.          
                                     Urgent certified photocopy of this order, if   
                                applied for, be supplied to the parties expeditiously on
                                compliance of usual legal formalities.              
                                                            (Amrita Sinha, J.)