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Judgment
Saugata Bhattacharyya, J
Two reports one prepared by the District Inspector of Schools (SE) Purba Medinipur dated 1st July, 2025 another prepared by District Inspector of Schools (SE) South 24 Parganas dated 10th June, 2025 are placed before this Court and same are taken on record.
Grievance has been ventilated in this writ petition that after joining the post on transfer on 8th January, 2025 petitioner is not getting salary. In answer to the queries of the Court as to why petitioner is not getting salary from 8th January, 2025 reports filed today disclose that recommendation for transfer was issued by the Chairman, West Bengal Central School Service Commission on 6th December, 2024 for transfer of the petitioner from Thekuachak Chhatri Siksha Niketan (HS), Purba Medinipur to Saptagram High School, South 24 Parganas. Said recommendation memo dated 6th December, 2024 was subsequently corrected vide memo dated 27th December, 2024 issued by the Secretary, West Bengal Central School Service Commission. Subsequently, transfer order was passed by the Secretary, West Bengal Board of Secondary Education on 5th February, 2025. Petitioner without waiting for transfer order to be issued by the concerned authority of the West Bengal Board of Secondary Education joined the post in Saptagram High School, South 24 Parganas on 8th January, 2025 on being released by the authority of Thekuachak Chhatri Siksha Niketan (HS), Purba Medinipur. It is pointed out on behalf of concerned District Inspector of Schools (SE) that petitioner ought not to have joined the post before formal transfer order was issued by the concerned authority of the Board and in the present case same was issued on 5th February, 2025 whereas petitioner joined the post on 8th January, 2025. Petitioner should have discharged duty as assistant teacher of Thekuachak Chhatri Siksha Niketan (HS), Purba Medinipur till issuance of transfer order by the Board. Period from 8th January, 2025 till 5th February, 2025 being the date of issuance of transfer order by the Board needs to be regularized without which pay of the petitioner may not be fixed.
It is submitted on behalf of the petitioner that it was mistake on the part of Thekuachak Chhatri Siksha Niketan (HS), Purba Medinipur where petitioner was serving previously to release the petitioner on 7th January, 2025 which compelled her to join the post on transfer on 8th January, 2025 and fault is not attributable to the petitioner. Therefore, petitioner prays for regularization of the period from 8th January, 2025 till 5th February, 2025 by the concerned respondent authorities.
It was decided that petitioner to be transferred by the West Bengal Central School Service Commission resulting in issuance of recommendation for transfer dated 6th December, 2024 which was corrected on 27th December, 2024. Before issuing formal transfer order by the Board on 5th February, 2025 petitioner joined the post on 8th January, 2025 on being released by the erstwhile school authority. Subsequently, transfer order was issued on 5th February, 2025. It further appears that petitioner discharged duty as assistant teacher in Saptagram High School, South 24 Parganas from 8th January, 2025 till 5th February, 2025. Had it been a case that Secretary of the Board ultimately decided not to issue transfer order question would have been different but in the present case based on recommendation memo dated 6th December, 2024 read with 27th December, 2024 transfer order was passed on 5th February, 2025.
Therefore, District Inspector of Schools (SE) South 24 Parganas being respondent no. 6 is directed to regularize the period from 8th January, 2025 till 5th February, 2025 when transfer order was issued by taking necessary steps within a period of 4 (four) weeks from the date of communication of this order. Formal order is to be passed by the respondent no. 6 regularising the said period and salary shall be released in favour of the petitioner along with arrears within 8 (eight) weeks from date of communication of this order.
Writ petition stands disposed of.
Urgent photostat certified copy of the order, if applied for, be given to the parties, upon usual undertakings.