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General transfer on medical ground for assistant teacher of school


30-Mar-2023 (In Civil Law)
I am an assistant teacher of high school under department of school education, government of west bengal. I have been suffering from serious spinal disorder problem. My school is about 52 km from my residence and in a difficult route. Now it is very difficult to me make journey. So I have applied for General transfer on special ground. Now government stopped to issue recommendation letter for special transfer after a scam news regarding the transfer came on Bartaman newspaper. Government decided to startthe procedure of special transfer after filled-up the vacancies by SSC recruitment. In this situation I will be benefited. My question is that can I do any legal procedure? And cost of legal procedure .
Answers (5)

Answer #1
165 votes

Based on the information provided, it is advisable to compose a formal letter to the District School Inspector and send a copy to the Chief Minister's office in Kolkata. It is important to note that since 2007, any new hires have been granted employment within a 5-kilometre radius, whereas your circumstances do not reflect this standard. To support your request for a transfer order, include all pertinent documentation, such as medical reports and check-up records, with the letter.

Upon sending the letter, please await a response for three months. If the response is favourable, you can proceed accordingly. However, if the response is unfavourable, you may seek legal remedy by filing a writ petition with the Calcutta High Court under Article 226. The petition would seek direction for a transfer order in light of your unique circumstances.

It is important to note that legal proceedings can be complicated and should not be taken lightly. Therefore, it is advisable to seek legal counsel from a qualified lawyer before proceeding with any legal action.

Please let us know if you have any further questions or concerns.

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Advocate Chikirsha Mohanty

Adv. Chikirsha Mohanty

LawRatoDelhi | 200+ Answers
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Answer #2
580 votes
Dear client, you can file a writ petition at Calcutta High Court seeking transfer on health grounds invoking Article 226 of the Constitution of India .cost of legal procedure will be negotiable and affordable.
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Advocate Amit Bandyopadhyay

Adv. Amit Bandyopadhyay

LawRato Kolkata | 25+ Answers
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Answer #3
1000 votes
MY OPINION THAT you have to maintain the your legitimate status of transfer according to your serious decease & you have legitimate claim for that in various legal ways, , and accordingly you move at competent forum /forums for your legitimate claims.
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Advocate Ranabir Banerjee

Adv. Ranabir Banerjee

LawRatoKolkata | 25+ Answers
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Answer #4
776 votes
No you don't need to pay any legal expenses to any advocate as your English writing skills are good... Write a letter to you District inspector of school and also send the same to C.M office Kolkata as you know after 2007 any new recruitment is give a job in a radius of 5 k.m which was not their with your case. Attach all the relevant documents i.e Doctor's report check up report etc. With the letter. Once the letter is send and a request is made wait for three months for the reply. If the reply is positive well and good and if the reply is in negative, I will take up your case and file a writ petition in Calcutta High Court, and I hope I will be able to help you. JUSTICE CAN BE DELAYED BUT IT CANNOT BE DENIED. Feel free to contact. Other way is to get a general transfer on special ground as you stay 52 km from you school which is way beyond 50k.m.
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Advocate Rahul Uday Singh

Adv. Rahul Uday Singh

LawRatoKolkata | 200+ Answers
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Answer #5
1000 votes
Sir, I think in this situation Court can't help you. but you can talk with Advocate practicing before the Hon'ble High Court who can practice in connection with CAT or SAT matter, they can give you proper suggestion, because as the Case against State Govt. it will be file before SAT, if there has any way.
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Advocate Sanjoy Acharjee

Adv. Sanjoy Acharjee

LawRatoJalpaiguri | 400+ Answers
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