LAWS(CAL)-2008-5-81

RAMPADA DAS Vs. STATE OF WEST BENGAL

Decided On May 07, 2008
RAMPADA DAS Appellant
V/S
STATE OF WEST BENGAL Respondents

JUDGEMENT

(1.) THIS appeal has been preferred at the instance of the writ petitioners assailing the judgment and order passed by the learned single Judge whereby and whereunder the said learned Single Judge dismissed the writ petition filed by the appellants herein on merits.

(2.) GOING through the records we find that both the writ petitioners on being recommended by the School Service Commission were appointed as assistant Teachers in the respective schools. The writ petitioners herein are also undisputedly the approved Assistant Teachers in Zoology in two different schools of two different districts namely, Bankura and Purba Medinipur. The appellants/writ petitioners herein approached the respondent authorities for according approval to their mutual transfer since the Managing Committee of both the schools expressed their willingness to accept such mutual transfer of the teachers concerned.

(3.) INITIALLY, the learned Single Judge of this Court while entertaining the earlier writ petition filed on behalf of the appellants herein directed the director of School Education, West Bengal to decide the aforesaid claims of the said appellants for mutual transfer upon obtaining the views and comments from the respective schools and the District Inspector of Schools concerned. In terms of the said order the Director of School Education, West Bengal considered the aforesaid claims of the appellants herein for mutual transfer and ultimately, rejected the same since according to the said Director of School education, West Bengal, grounds mentioned by the appellants herein for mutual transfer are not based on exceptional facts and circumstances which deserves special consideration by the authority even in absence of specific directive of law in force.