Sanjay Bagdi vs State Of West Bengal & Ors

Saugata Bhattacharyya, J

Affidavit of service filed on behalf of the petitioner is taken on record.

Learned advocate for the petitioner submits that petitioner is a primary teacher who has completed more than five years of service as confirmed teacher. Petitioner made an application for transfer on medical ground on 21st March, 2025 addressed to the Chairman, District Primary School Council, Birbhum being respondent no. 6 and grievance is till date same has not been decided.

State respondents and District Primary School Council, Birbhum are represented by learned advocates. It is submitted due to suspension of portal steps could not be taken. It is also submitted if concerned authority of District Primary School Council, Birbhum is directed decision to be taken in accordance with law.

Having considered the respective submissions made on behalf of the parties respondent no. 6 is directed to obtain medical report from concerned Chief Medical Officer of Health/Medical Board on medical examination of the petitioner by 4 (four) weeks from the date of communication of this order. In the medical report Chief Medical Officer of Health/Medical Board is required to opine considering nature of ailment of the petitioner whether petitioner is required to avoid long distance journey or not.

If medical report justifies transfer of the petitioner respondent no. 6 shall take decision in accordance with law within a period of 4 (four) weeks thereafter. The decision to be taken by the respondent no. 6 shall be communicated to the petitioner by 10 (ten) days thereafter.

It is made clear that suspension of portal shall not be ground to reject transfer application of the petitioner.

Writ petition stands disposed of.

Urgent photostat certified copy of the order, if applied for, be given to the parties, upon usual undertakings.