What will be impact of the order and who won the case
ORDER SHEET
WP 491 OF 2018
IN THE HIGH COURT AT CALCUTTA
Ordinary Original Civil Jurisdiction
ORIGINAL SIDE
SANTANU MUKHERJEE
Versus
STATE OF WEST BENGAL
BEFORE:
The Hon'ble JUSTICE ARIJIT BANERJEE
Date : 20th November, 2018.
Appearance:
Mr. Anjan Bhattacharya, Adv.
Mr. Anindya Sundar, Adv.
….for the petitioner
Mr. Santanu Kumar Mitra, Adv.
Mr. Subrata Dasgupta, Adv.
…for the state
Mr. Alok Kumar Banerjee, Adv.
Mr. Arunabha Sarkar, Adv.
…for the respondent No. 3 to 5.
The Court : Affidavit of service be filed in Court today be kept with
the record.
The petitioner contends that he joined Tea Board under Special
Recruitment Drive for Persons with Disabilities in the year 2010. He has
drawn my attention to a disability certificate dated 20th February, 2010,
issued by the District Hospital, Howrah. By an office memorandum dated
4th May, 2018, he has been transferred to the Tea Board Quality Control
Laboratary, Silliguri from the Head Office at Calcutta. He has joined
Siliguri Office. However, he has made two representations dated 17th July,
2
2018 and 6th August, 2018 to the Deputy Chairman of the Tea Board
requesting to transfer him back to the Calcutta Office for the reasons
mentioned in the representations. The only prayer of the petitioner is that
such representations should be considered and decision should be taken
expeditiously. Mr. Banerjee, appearing for the Tea Board submits that the
petitioner has already availed of the transfer allowance.
Be that as it may, since it appears that the petitioner suffers from
disability and he has made representations to the Deputy Chairman of the Tea
Board, being the respondent no. 3, I direct the respondent no. 3 to take a
reasoned decision on the representations of the petitioner in accordance with the
applicable rules / regulations / circulars / notifications within a period of five
weeks from the date of communication of this order, after giving an opportunity
of hearing to the petitioner or his authorized representative. The decision so
taken shall be communicated to the petitioner within a week from the date of the
decision.
I have not gone into the merits of the petitioner’s case. However, the
respondent No. 3 being a highly placed Officer of the Tea Board, it is expected
that he shall consider the case of the petitioner sympathically.
Since, I have not called for any affidavit, the allegations contained in the
writ petition are deemed not to be admitted by the respondents.
WP 491 of 2018 is , accordingly, disposed of.
(ARIJIT BANERJEE, J.)