Calcutta High Court
WPA/7576/2026 of SHAMPA SAHA Vs STATE OF WEST BENGAL AND ORS. on 18 August 2026
Court No.24 SD IN THE HIGH COURT AT CALCUTTA CONSTITUTIONAL WRIT JURISDICTION WPA 7576 of 2026 Shampa Saha Vs. The State of West Bengal & Ors. Mr. Ujjal Ray Mr. Binit Kumar … for the Petitioner. Ms. Mary Datta Ms. Aparajita Mitra … for the State. Mr. Sutanu Kumar Patra Mr.
S/L 8
18.08.2026
Court No.24
SD
IN THE HIGH COURT AT CALCUTTA
CONSTITUTIONAL WRIT JURISDICTION
WPA 7576 of 2026
Shampa Saha
Vs.
The State of West Bengal & Ors.
Mr. Ujjal Ray
Mr. Binit Kumar
… for the Petitioner.
Ms. Mary Datta
Ms. Aparajita Mitra
… for the State.
Mr. Sutanu Kumar Patra
Mr. Bibaswan Patra
… for the WBCSSC.
Citations and Judicial Treatment
Cited by
0
Decisions in the index citing it
Cites
0
Decisions referred to
In this index
0
Of the decisions it cites
Overruled / Questioned
0
No negative treatment found
Loading the citing and cited decisions…
This judgment in the centre: on the left the decisions it cites, on the right the decisions citing it. Colour is the treatment; choose a decision to open it.
1. Affidavit of service filed in Court today be kept with the records.
2. The petitioner is serving as a clerk in a school. She seeks transfer. The offline application made by the petitioner before the school authority is alleged to be kept pending.
3. It has been submitted that there is only one post in the school for which the Head of the Institution is not issuing the no objection required for processing the application for transfer.
4. Learned advocate for the petitioner submits that the law has been well-settled by the Court in the matter of Amitava Pal vs. The State of West Bengal & Ors. on November 3, 2025 in WPA 21342 of 2025 relying upon the judgment passed by the Hon’ble Division Bench on August 8, 2024 in MAT 1218 of 2024 [Gokul Chandra Mallick vs. The State of West
Bengal & Ors.] and the order dated July 31, 2025 in FMA 995 of 2025 [Rupak Dhua vs. The State of West Bengal & Ors.].
5. In aforesaid matter the Court had specifically laid down that the prayer of a teacher seeking transfer cannot be kept pending for an indefinite period of time as the authority is unable to make an alternative arrangement.
6. The Court held that the resultant vacancy which may occur on the transfer of the candidate has to be filled up in the manner as directed by the Hon’ble Division Bench in the matter of Rupak Dhua (supra).
7. The law laid down in the matter of Amitava Pal (supra) will apply in the present case also.
8. Service law of the petitioner permits transfer. Merely because of the reason that the petitioner is holding the single post, the authority ought not to withhold the application submitted by the petitioner seeking transfer.
9. As the petitioner is praying for transfer for a considerable period of time, accordingly, it is high time that the Head of the Institution acts in accordance with the law laid down by the Court in the matters referred to hereinabove.
10. In view of the above, the instant writ petition stands disposed of by directing the Head of the Institution to take steps to conclusively dispose of the petitioner’s application seeking transfer irrespective of whether any alternative arrangement can be made or not and in line with the law laid down by the Court in the matter of Amitava Pal (supra) at the earliest but positively within a period of eight weeks from the date of communication of this order.
11. The resultant vacancy that may occur shall be filled up in the manner as directed by the Hon’ble Division Bench in Rupak Dhua (supra).
12. All consequent steps shall be taken by the respondent authorities strictly in accordance with law.
13. The writ petition stands disposed of.
14. Parties to act on the basis of the server copy of this order duly downloaded from the official website of this Court.
15. Certified server copy of this order, if applied for, be supplied to the parties upon compliance of all requisite formalities.
(Amrita Sinha, J.)