SAMAPTI CHATTERJEE,J. - (1.) Petitioner filed the present writ petition for direction upon the Secretary, West Bengal Board of Primary Education to take a decision on the basis of the order already passed on 5th June, 2016 by the Secretary of the said Board.
(2.) Mr. Banerjee, learned advocate appearing for the petitioner submits that due to her ill health she moved the writ petition for transfer before the Hon'ble Court. That writ petition being No. 22422(W) of 2016 was disposed of by this Hon'ble Court on 5th June, 2016 thereby directing the President , West Bengal Council of Primary Education to take a decision in accordance with law. Ultimately, on 5th June, 2017 the Secretary , West Bengal Board of Primary Education passed a reasoned order copy of which was forwarded to the petitioner also. The reasoned order is quoted below : West Bengal Board of Primary Education JUDGEMENT_148_LAWS(CAL)6_2018_1.html "Reasoned order in compliance with the Solemn Order of the Hon'ble High Court , Calcutta dated 05.10.2016 In compliance with the solemn order of the Hon'ble High Court , Calcutta passed on 05.10.2016 this is to inform the Writ Petitioner that it is on record that she prayed for inter district transfer due to ill health causing inability on her part to cover long distance regularly for attending the school where she has now been posted. In terms of section 19k of the W.B. Primary Education Act, 1973 the Board is entitled to approve of the inter-district transfer proposal as and when such proposal duly forwarded by both the offering and accepting Councils reaches the Board. In case of the petitioner , her prayer for inter-district transfer has been duly forwarded by the offering Councils to the district where she has sought transfer. The petitioner be assured that her transfer proposal will be considered by the Board when it will reach this office from the accepting Council and the Board will communicate the decision regarding her transfer accordingly. In view of the above the accepting Council is hereby also requested to expedite the process of forwarding the inter-district transfer proposal of the petitioner so that the matter be settled at an early date. All concerned are being informed accordingly. ALIGN="RIGHT"Sd/-( R.C.Bagchi)Secretary JUDGEMENT_148_LAWS(CAL)6_2018_2.html
(3.) Mr. Banerjee further submits unfortunately nothing has been done on the basis of the reasoned order dated 5th June, 2017. Therefore, petitioner repeatedly made representations before the authority. Pursuant to the petitioner's representation the Secretary , West Bengal Board of Primary Education again on 8th August, 2017 wrote a letter to the learned advocate for the petitioner thereby informing that the process for taking step to transfer the petitioner to a suitable place is still under consideration. Mr. Banerjee further submits unfortunately till date no step has been taken by the respondent authority to transfer the petitioner. Hence the present writ petition.;