PIYALI DAS Vs. STATE OF WEST BENGAL

JUDGEMENT

(1.) The writ petitioner was appointed as an assistant teacher of Geography of Tarangapur Baral Haralal Girls' High School upon approval by the District Inspector of Schools, Uttar Dinajpur. The writ petitioner sought a transfer from the school she is presently employed to another school on the ground of her having to travel a great distance on a daily basis.

(2.) Learned counsel appearing for the writ petitioner submits that under the Rules of General Transfer, 2013 and Rule 2 (e) thereunder, provision has been made for transfer on special grounds which would include medical treatment and school being located far away from the place where the spouse of the applicant may be serving. The grievance of the writ petitioner relates to a communication dated 12th April, 2018 from the Assistant Secretary to the Government of West Bengal, School Education Department, Secondary Branch to the Secretary, West Bengal Central School Service Commission which had forwarded the list of approved applicants for transfer to different schools and had directed the Commission to take necessary action in terms of the relevant Rules. The name of the petitioner features in the 1st Entry of the list of applicants, which have been approved for transfer on the special grounds of "distance and medical". The concerned school however failed to issue a no-objection certificate to the petitioner for effecting such transfer although a year has passed since issue of the communication mentioned above.

(3.) Learned counsel for the petitioner has filed an affidavit of service which shows that the school has received intimation of the matter in January, 2019, despite which no one appears for the school being the respondent nos. 4 and 5.