'Can't Risk Her Life': Calcutta High Court Says Govt Teacher Can Seek Transfer To Nearer School Owing To Medical Condition

The Calcutta High Court on Thursday allowed a government school teacher to seek a transfer to a school nearer to her residence after taking into account the report filed by a Medical Board which had advised her to avoid long journeys owing to her health condition. 

Opining that the school teacher cannot be made to risk her life, Justice Abhijit Gangopadhyay underscored, 

"..it is observed that a lady teacher with specific advice of the doctors of a Medical Board of a Government Hospital to avoid journey, cannot be compelled to attend the school which is at a distance of 142 kilometers. To and fro journey is 284 kilometers. Even if the petitioner arranges an accommodation nearer to the school, it cannot be said that she will never come to her in-laws' house or her father's residence from the rented house in school area. At the same time going against the advice of the doctors of the Medical Board means taking risk of her life."

The concerned school teacher had filed the instant petition seeking a transfer on the ground that she had been facing difficulties in attending her school due to her medical ailments since 2015. She had further averred that the distance of the school from her residence is 142 kilometers. 

The Court noted that a candidate can apply for transfer if such distance is above 25 kilometers and accordingly took into consideration that in the instant case the petitioner has to travel a distance of 142 kilometers, meaning thereby that the journey she has to undergo to and fro journey is 284 kilometers. It was further noted that the concerned Medical Board had examined the petitioner in the month of August, 2021 and had clearly advised her to avoid such a long journey. 

Opining that her service period being less than 5 years cannot stand as an impediment in the way of her transfer, the Court observed, 

"In such a situation when the Medical Board in their report dated 25.08.2021 advised her to avoid journey, it is immaterial whether the petitioner is short of some months service from five years as on date. The petitioner has not been transferred till date and that is why I am considering the present tenure of her service, it is slightly below five years. However, when advise is to avoid journey after medical test by not an individual doctor but a Medical Board the service period cannot stand in the way for transfer."

Accordingly, the Court declared that there is no impediment for the petitioner for getting a transfer to a school nearer to her residence. The school was also directed to issue no-objection certificate in favour of the petitioner by April 29, 2022 which should be a physical copy duly signed and sealed by the Teacher-in-Charge of the school.

The Court further ordered that the petitioner should submit a handwritten or typed application for her transfer along with a copy of this order to the District Inspector of Schools by May 5, 2022 and the District Inspector of Schools shall forward the same to the School Service Commission by May 12, 2022.

The petitioner was also allowed to select vacancy in other schools nearer to her residence including the vacancies in schools which she has already selected, if those are not filled up in the meantime since she had filed the application for transfer on September 11, 2021, i.e. more than seven months back. 

"The Commission is directed to issue recommendation letter for transfer by 26th May, 2022 and the President of the West Bengal Board of Secondary Education should issue the appointment letter for the school selected by the petitioner and recommended by the Commission by 9th June, 2022. The school authority, where the petitioner will go for joining, shall allow the petitioner to join the school without any hindrance of any kind whatsoever", the Court ordered further. 

The concerned school was also directed to transfer the money accumulated in the Provident Fund Account of the petitioner to the school where the petitioner would join, by two months from the date of the intimation. The petitioner was also directed to communicate this order to the school by Friday 12 noon. 

Case Title: Snigdha Datta (Basu) v. The State of West Bengal & Ors.

Case Citation: 2022 LiveLaw (Cal) 149

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